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-20-00-9.8 - Application Types and General Application Requirements

Current through June 14, 2024
§ 9.8 of this Part describes general application
					 requirements and provisions applicable to all application types unless
					 otherwise specified herein. Additional requirements for each application type
					 are described within §§
										9.9 through
					 9.14 of this Part.
9.8.1
Application Types
A. These Rules provide for the following
				  types of applications:
1. Request to determine
				  the presence of jurisdictional area: This application may be submitted to
				  request that the CRMC determine whether a regulated freshwater wetland or other
				  jurisdictional area is present on the applicant's property (see § 9.9.2 of
				  this Part). The CRMC is the sole authority to determine which areas are deemed
				  freshwater wetlands, buffers, floodplains, areas subject to storm flowage or
				  areas subject to flooding.
2.
				  Request to verify freshwater wetland edges: This application may be submitted
				  to request that the CRMC confirm the freshwater wetland edge(s) delineated by
				  the applicant and, if in substantial agreement with the documentation provided,
				  confirm the presence of the identified freshwater wetlands and their delineated
				  edges (see § 9.9.3 of this Part). Furthermore, the CRMC will identify the
				  type(s) of freshwater wetland(s) verified with the applicable buffer zones and
				  associated jurisdictional area.
3.
				  Request for regulatory applicability: This application may be submitted to
				  request that the CRMC make a determination as to whether a proposed project
				  does or does not require a permit (See § 9.9.4 of this Part).
4. Application for a freshwater wetlands
				  general permit: This application may be submitted to seek approval for a
				  proposed project that meets all of the eligibility requirements of a freshwater
				  wetland general permit as specified in §
												9.10 of this Part.
5. Application for a freshwater wetlands
				  permit (See §
												9.11 of this Part).
a. The freshwater wetlands permit decision
				  serves as the preliminary determination pursuant to R.I. Gen. Laws §
													2-1-22(a).
b. Unless a proposed project or activity is
				  exempt under §
													9.6 of this Part or is
				  eligible for approval for a freshwater wetlands general permit under §
													9.10 of this Part, this
				  application must be submitted for a project within a jurisdictional area or
				  that requires approval from the CRMC pursuant to §
													9.5 of this Part.
c. For a project that does not meet all of
				  the standards specified in § 9.7.1 of this Part, a request for a variance
				  to the standards in accordance to § 9.7.3 of this Part must be submitted
				  with the application for a freshwater wetland permit.
6. Application for a significant alteration:
				  This application must be submitted to obtain a permit for a proposed project
				  that will, or is likely to, result in a significant alteration of a freshwater
				  wetland, buffer or floodplain (See §
												9.12 of this
				  Part).
7. Application for emergency
				  alteration: This application must be submitted either by the owner of the
				  property or an appropriate official, orally or in writing, to request a permit
				  for an emergency alteration in the event that public health or safety is at
				  imminent risk (See § 9.14.1 of this Part).
8. Application for permit renewal: This
				  application must be submitted to renew a previously granted freshwater wetland
				  permit (See § 9.14.2 of this Part).
9. Application for permit modification: This
				  application must be submitted to request approval of a minor modification to a
				  previously permitted project (See § 9.14.3 of this Part).
10. Application for permit transfer: This
				  application may be submitted to request the transfer of a valid permit to a new
				  property owner (See § 9.14.4 of this Part).
11. Application relating to farmers: This
				  application must be submitted directly to the DEM Division of Agriculture for a
				  determination as to whether the project represents an insignificant or a
				  significant alteration in accordance with §
												9.13 of this Part.