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-20-00-9.4 - Definitions

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, but are not limited to amateur radio
				  towers; flag poles; swing sets; slides; decks; patios; gardens; sheds;
				  in-ground or aboveground 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 five hundred
				  (500) gallons a day; walls; stairs; walks; and pervious driveways.
2. "Act" means the Freshwater Wetlands Act as
				  set forth in R.I. Gen. Laws §§
											2-1-18 through
				  2-1-28.
3. "Alter" or "Alteration" means to change
				  (act of changing) the character of a freshwater wetland, buffer, floodplain,
				  area subject to flooding or area subject to storm flowage as a result of
				  activities within or outside of these resources. 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,
				  buffer, floodplain, area subject to flooding or area subject to storm
				  flowage.
4. "Aquatic base flow" or
				  "ABF" means minimum river or stream flow conditions necessary to sustain
				  indigenous aquatic fauna and flora, as determined by one (1) or more of the
				  following:
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 one (1.0) cfsm in
				  October/November and four (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.
5. "Area subject
				  to flooding" or "ASF" means areas that include, but are not limited to,
				  low-lying areas that collect, hold or meter out storm and flood waters from any
				  of the following: rivers, streams, intermittent streams, or areas subject to
				  storm flowage.
6. "Area subject to
				  storm flowage" or "ASSF" means areas that include 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.
7. "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, buffers or floodplains.
8. "Bog" means, consistent R.I. Gen. Laws
				  §
											2-1-20(3), 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 (1) 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
), and bog cotton
				  (
Eriophorum
).
9.
				  "Buffer" means, pursuant to R.I. Gen. Laws §
											2-1-20(4), an area
				  of undeveloped vegetated land adjacent to a freshwater wetland that is to be
				  retained in its natural undisturbed condition, or is to be created to resemble
				  a naturally occurring vegetated area that mitigates the negative impact of
				  human activities on wetland functions and values. For the purpose of defining
				  buffer within this Part, "adjacent to" means land area within the buffer
				  zone.
10. "Buffer zone" means an
				  area of land within a jurisdictional area that is contiguous to a freshwater
				  wetland and the width of which is designated in §
											9.23 of this Part.
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 this Part,
				  and Part 10-00-1 of this Title (the CRMC Management Procedures).
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, 650-RICR- 20-00-8, 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 freshwater wetland, buffer and floodplain environment and their
				  functions and values which may result from past, present and future alterations
				  to the same freshwater wetland, buffer and floodplain system, regardless of
				  what agency or person undertakes such alterations.
17. "Dam" or "Damming" means any barrier made
				  by humans, including appurtenant works that impounds or diverts surface water.
				  Damming means to impound water by means of a dam.
18. "Department" or "DEM" means the
				  Department of Environmental Management.
19. "Dike" means a berm or structure that
				  impedes, redirects, diverts, or otherwise controls the flow or elevation of
				  water.
20. "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.
21. "Drain"
				  means to lower the surface water or groundwater elevation, either temporarily
				  or on a permanent basis.
22. "Edge"
				  means the line of intersection or division between:
a. Any swamp, marsh, pond, bog, vernal pool
				  or emergent and submergent plant communities and its associated buffer zone; or
b. Any flowing body of water and
				  its associated buffer zone; or
c.
				  Any floodplain, area subject to flooding or area subject to storm flowage and
				  adjacent non-flooded or non-flowing areas.
d. The edge shall be identified according to
				  those procedures set forth in §
												9.21 of this
				  Part.
23. "Emergent plant
				  community" means a freshwater 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.
24. "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.
25. "Existing" means:
a. A condition that was present as of the
				  enactment of the Act (July 16, 1971) 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 was present on the
				  effective date of this Part that was in a previously non-regulated area and
				  which is now, pursuant to this Part, a regulated area; or
d. A condition that has naturally occurred
				  and is currently present.
26. "Facultative wildlife species" means
				  wildlife that utilize freshwater wetlands or buffers as habitat, but generally
				  do not require freshwater wetlands for survival or reproduction.
27. "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 ($10,000.00)
				  gross income on farm products in each of the preceding four (4)
				  years.
28. "Feasible" means capable
				  of being done, executed, accomplished or brought about by engineering
				  standards.
29. "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, buffer, floodplain,
				  area subject to flooding or area subject to storm flowage or any action that
				  places such material in a freshwater wetland, buffer, floodplain, area subject
				  to flooding or area subject to storm flowage.
30. "Flood plain" means, as defined in R.I.
				  Gen. Laws §
											2-1-20(7), that
				  land area adjacent to a river or stream or other body of flowing water which
				  is, on the average, likely to be covered with flood waters resulting from a one
				  hundred (100) year frequency storm. A one hundred (100) year frequency storm is
				  one that is to be expected to be equaled or exceeded once in one hundred (100)
				  years or may be said to have a one percent (1%) probability of being equaled or
				  exceeded in any given year.
31.
				  "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.
32. "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.
33.
				  "Freshwater wetlands" means, as consistent with R.I. Gen. Laws § 2-120(8),
				  except as specified in R.I. Gen. Laws §
											2-1-22(k), and
				  includes, but is not limited to:
a. 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 including, but not limited to: marshes, swamps, bogs, emergent and
				  submergent plant communities, rivers, streams, ponds, and vernal pools or any
				  combination thereof; or
b. Any or
				  all freshwater 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 freshwater wetlands;
				  value replacement freshwater wetlands created to compensate for wetland loss
				  such as floodplain excavations; and any freshwater wetlands created, altered or
				  modified after July 16, 1971.
34. "Freshwater wetlands for farmers
				  conducting normal farming and ranching activities" means, pursuant to R.I. Gen.
				  Laws §
											2-1-22(k), for
				  farmers undertaking activities specified in R.I. Gen. Laws §§
											2-1-22(i)(1) and
				  (2), freshwater wetlands shall be defined as:
a. Freshwater wetlands;
b. Floodplains;
c. Areas subject to storm flowage;
d. Areas subject to flooding, as defined
				  herein;
e. 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;
f. 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; and g. 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.
35. "Freshwater
				  wetlands in the vicinity of the Coast" means, consistent with the R.I. Gen.
				  Laws §
											46-23-6, freshwater wetlands and
				  the associated jurisdictional area, as defined within this Part, 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 (650-RICR-
				  20-00-9).
36. "Growing season"
				  means the period from April 1 to November 15 of any calendar year.
37. "Hydrophyte" or "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 saturation or
				  flooding by groundwater or surface water.
38. "Insignificant alteration" means in the
				  opinion of the CRMC, 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), buffer(s),
				  floodplain(s), area(s) subject to flooding or area(s) subject to storm flowage
				  and is not random, unnecessary or undesirable.
39. "In the vicinity of the coast" means
				  those areas designated on maps under the jurisdiction of the CRMC and subject
				  to the Rules and Regulations of this Part.
40. "Invasive species" means an alien species
				  whose introduction does or is likely to cause economic or environmental harm,
				  or harm to human health.
41.
				  "Jurisdictional area" means, pursuant to R.I. Gen. Laws §
											2-1-20(9), the
				  following lands and waters, as defined within this Part, except as provided for
				  in R.I. Gen. Laws §
											2-1-22(k), that
				  shall be subject to regulation under these Rules:
a. Freshwater wetlands;
b. Buffers;
c. Floodplains;
d. Areas subject to storm flowage;
e. Areas subject to flooding; and
f. Contiguous areas that extend outward:
(1) Two hundred feet (200') from the edge of
				  a river or stream;
(2) Two hundred
				  feet (200') from the edge of a drinking water supply reservoir; and
(3) One hundred feet (100') from the edge of
				  all other freshwater wetlands.
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-related authority as depicted on the map in §
											9.22 of this Part.
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 CRMC
				  Management Procedures (Part 10-00-1 of this Title).
48. "Marsh" means, consistent with R.I. Gen.
				  Laws §
											2-1-20(10), a
				  place 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 (1) 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
), and 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, buffers and floodplains and the functions and values that
				  they provide prior to, during, or after the completion of any project or
				  activity.
50. "Near or at the
				  surface" means, as defined in R.I. Gen. Laws §
											2-1-20(11), within
				  eighteen inches (18") 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. "Permit" means an authorization in the
				  form of a document issued and signed by the CRMC, allowing a project or
				  activity subject to specific terms and conditions in accordance with the Rules
				  of this Part.
54. "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.
55. "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 (1) or more of the following: the aesthetic, physical, chemical,
				  biological or radiological characteristics or integrity of any freshwater
				  wetland, buffer or floodplain.
56.
				  "Pollution" means the human-made or human-induced alteration of the aesthetic,
				  physical, chemical, biological or radiological characteristics or integrity of
				  any freshwater wetland, buffer or floodplain as a result of the introduction of
				  any pollutant to any freshwater wetland, buffer or floodplain.
57. "Pond" means, consistent with R.I. Gen.
				  Laws §
											2-1-20(12), a
				  place 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. For the purpose of the Rules of this Part, ponds exclude
				  those places within the State of Rhode Island that meet the definition of
				  vernal pool.
58. "Project" means
				  planned or designed work or undertaking, and for the purpose of the Rules of
				  this Part, the term project also indicates activities.
59. "Random, unnecessary, or undesirable
				  alteration" means:
a. A random alteration is
				  any alteration to freshwater wetlands, buffers, floodplains, areas subject to
				  flooding or areas subject to storm flowage 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-wetlands, buffers, floodplains,
				  areas subject to flooding or areas subject to storm flowage
				  alternatives.
c. An undesirable
				  alteration is any alteration to freshwater wetlands, buffers, floodplains,
				  areas subject to flooding or areas subject to storm flowage that individually
				  or cumulatively may reduce or degrade any functions and values as set forth
				  within this Part, which does not avoid and minimize to the maximum extent
				  possible any damaging effects on these functions and values, or does not
				  satisfy the review criteria in § 9.6.2 of this Part.
60. "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 by the
				  Department or under the Federal Endangered Species Act (16 U.S.C. §
												1531
et seq.
). For the
				  purpose of these Rules bogs, fens, Atlantic white cedar swamps, floodplain
				  forests, freshwater pond shores with coastal plain species, sea level fens and
				  freshwater tidal marshes are considered rare freshwater wetlands in Rhode
				  Island.
61. "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 environments as a whole or in part.
62. "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 freshwater wetland, buffer, floodplain,
				  area subject to flooding or area subject to storm flowage that has been
				  altered.
63. "R.I. Gen. Laws" means
				  the Rhode Island General Laws of 1956, as from time to time amended.
64. "River" means, as defined in R.I. Gen.
				  Laws §
											2-1-20(13), 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 as defined within this Part.
65. "Rules" means the Rules and Regulations
				  of this Part, 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.
66. "SAMP"
				  means a Special Area Management Plan adopted by the CRMC.
67. "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.
68. "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.
69. "Setback" means, pursuant to
				  R.I. Gen. Laws §
											2-1-20(14), the
				  minimum distance from the edge of a freshwater wetland or buffer at which an
				  approved activity or alteration may take place.
70. "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), buffer(s),
				  floodplain(s), area(s) subject to flooding or area(s) subject to storm flowage;
				  may be detrimental to the basic natural capabilities or values associated with
				  any freshwater wetland(s), buffer(s), floodplain(s), area(s) subject to
				  flooding or area(s) subject to storm flowage; or appears to be random,
				  unnecessary or undesirable.
71.
				  "Standing water" means non-flowing water of any depth inundating the ground
				  surface.
72. "Stream" means any
				  flowing body of water or watercourse other than a river that flows long enough
				  each year to develop and maintain a channel and that may carry groundwater
				  discharge or surface runoff. Such watercourses may be intermittent streams and
				  may not have flowing water during extended dry periods but may contain isolated
				  pools or standing water.
73.
				  "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.
74. "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.
75. "Surface water" means water inundating
				  the substrate or soil surface, regardless of depth.
76. "Swamp" means, consistent with R.I. Gen.
				  Laws §
											2-1-20(16), a
				  place 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 (1) 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.
77. "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, buffer, floodplain, area subject
				  to flooding or area subject to storm flowage; prevent any significant
				  alteration which is not authorized; prevent the destruction of any freshwater
				  wetland, buffer, floodplain, area subject to flooding or area subject to storm
				  flowage; or portion thereof; or protect the health, welfare, and general
				  well-being of the public.
78.
				  "Undeveloped vegetated land" means an area of land that does not consist of
				  buildings, impervious surfaces, bare gravel, lawn, or landscaped
				  areas.
79. "Undue hardship" means
				  an inappropriate, unsuitable, unlawful, or excessive standard or requirement
				  levied upon an applicant. This does not include economic diminution in
				  value.
80. "Utility" means any
				  electricity, water, sewer, gas, oil or communication transmission line or
				  pipe.
81. "Vernal pool" means,
				  pursuant to R.I. Gen. Laws §
											2-1-20(17), a
				  depressional wetland basin that typically goes dry in most years and may
				  contain inlets or outlets, typically of intermittent flow. Vernal pools range
				  in both size and depth depending upon landscape position and parent materials.
				  Vernal pools usually support one or more of the following obligate indicator
				  species: wood frog (
Lithobates sylvaticus
), spotted salamander
				  (
Ambystoma maculatum
), marbled salamander (
Ambystoma
				  opacum
), and fairy shrimp (
Eubranchipus spp.
) and
				  typically precludes sustainable populations of predatory fish.
82. "Water quality improvement project" means
				  a project whose sole purpose is to eliminate or minimize conditions that cause
				  or contribute to water quality degradation.
83. "Width during normal flow" means the
				  distance between the opposite edges of the flow channel of a river or stream as
				  determined by the criteria set forth in §
											9.18(C) of
				  this Part.
84. "Wildlife" means any
				  vertebrate or invertebrate animal species which may reproduce in, rest in, feed
				  in, or otherwise utilize any freshwater wetland or buffer regulated by this
				  Part.
85. "Wildlife habitat" means
				  those freshwater wetlands or buffers 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 or buffers that may provide food, cover, breeding sites, or other
				  support systems for these life forms.
86. "Wildlife habitat project" means a
				  project whose sole purpose is to create, restore or enhance wildlife
				  habitat.