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-150-15-1.2 - Administrative Findings

Current through June 14, 2024
A. The declarations
				  of intent and public policy enumerated by the General Assembly in R.I. Gen.
				  Laws §§
										2-1-18 and
				  2-1-19 are hereby adopted as the
				  administrative findings upon which these Rules are based.
B. Consistent with these declarations, the
				  Department makes the following findings:
1.
				  Freshwater wetlands are ecological systems performing functions that directly
				  benefit the health, welfare and general wellbeing of people and the
				  environment.
2. Any such freshwater
				  wetland functions as an integrated ecological system, no portion or component
				  of which is less worthy of regulatory protection than the wetland as a whole.
				  Riverbank and perimeter wetlands are important integral components of the
				  flowing body of water, or the swamp, marsh, bog, pond with which they are
				  associated.
3. Freshwater wetlands
				  perform specific functions and support specific values, including but not
				  limited to the following:
a. Wildlife and
				  Wildlife Habitat: Freshwater wetlands are important areas for the production
				  and maintenance of a diversity of wildlife. Wetlands provide habitat for
				  individual species and communities of animals and plants. Animals include both
				  game and non-game species, which may be either obligate or facultative, and
				  which may be permanent residents, or seasonal or transient in nature. Wetlands
				  serve as travel corridors; nesting, feeding, resting, nursery and brood-rearing
				  sites; drinking water sources, and escape cover; and provide seasonal breeding,
				  migration and over-wintering habitat for wildlife. Wetlands provide critical
				  habitat for some plant and animal species, and provide habitat for rare animal
				  and rare plant species.
b.
				  Recreation and Aesthetics: Freshwater wetlands support active and passive
				  recreational and aesthetic values that are important to the general public.
				  Wetlands provide the opportunity for recreational activities, including but not
				  limited to: hunting, fishing, trapping, cross-country skiing, ice skating,
				  boating, water-skiing, canoeing, camping, swimming, bicycling, hiking, walking,
				  horseback riding, harvesting of natural foods or plant materials, birdwatching
				  and other animal observation, education and nature studies, and photography.
				  Aesthetic values include but are not limited to the visual, aural and cultural
				  qualities of the wetland. Without limitation, these include the wetland's
				  prominence as a distinct feature in the local area, including its value as open
				  space; whether it is a rare wetland type; whether it offers or provides
				  suitable habitat for any rare animal or rare plant species; whether it has any
				  outstanding or uncommon geomorphologic features; and whether it contains or may
				  contain material of archaeological, historical, or cultural
				  significance.
c. Flood Protection:
				  Freshwater wetlands protect life and property from flooding and flood flows by
				  storing, retaining, metering out and otherwise controlling flood waters from
				  storm events. Wetlands also control the damaging impacts of flood flows by
				  providing frictional resistance to flood flows, dissipating erosive forces, and
				  helping to anchor the shoreline.
d.
				  Surface Water and Groundwater: Freshwater wetlands provide and maintain surface
				  and groundwater supplies by acting as recharge or discharge areas, and, in the
				  case of some ponds, acting as surface water reservoirs. Although groundwater
				  recharge and discharge functions and values may vary seasonally, freshwater
				  wetlands, either individually or cumulatively, may be an important factor in
				  replenishing ground and surface water supplies, maintaining stream flows,
				  transporting surface waters, and storing and distributing surface waters and
				  groundwater during periods of drought.
e. Water Quality: Freshwater wetlands protect
				  and maintain water quality by retaining and removing nutrients; filtering and
				  removing pollutants; removing sediments; producing oxygen; reducing turbidity;
				  maintaining or modifying stream flow; maintaining temperature and oxygen
				  regimes in both standing and flowing surface waters; and providing and
				  maintaining safe drinking water supplies.
4. The cumulative impact of incremental
				  alterations to freshwater wetlands that occur at different times or in
				  different locations within the same wetland system, or both, may constitute a
				  significant alteration, even if a single proposed alteration may not in and of
				  itself constitute a significant alteration.
5. Consistent with the purposes of the Act,
				  it is the public policy of the State to preserve the purity and integrity of
				  all freshwater wetlands in Rhode Island. Random, unnecessary or undesirable
				  alteration of any freshwater wetland is contrary to the Act and not in the best
				  public interest because of the adverse impacts of such alterations on wetland
				  functions and values. The Department will deny any application for a project
				  that will so alter any wetland.
6.
				  The Department recognizes that dams have created freshwater wetlands that may
				  provide important wildlife habitats and recreational areas and may provide
				  other important functions, values and benefits such as flood storage areas.
				  Also, consistent with its responsibilities under R.I. Gen. Laws Chapter 46-19,
				  Inspection of Dams and Reservoirs, the Department finds that many dams in the
				  state are in disrepair and may present safety hazards to the public. The
				  Department hereby acknowledges that, as a result of an analysis of alternatives
				  for addressing a dam's state of disrepair, the removal or substantial
				  alteration of a dam may be required by the Department for reasons of public
				  safety. The Department finds that the removal or substantial alteration of a
				  dam for public safety reasons may be deemed consistent with the authority and
				  purposes of these Rules provided that no other feasible alternative is
				  available and impacts related to the dam's removal or alteration are assessed
				  and acceptably mitigated in accordance with these Rules.