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-150-15-1.11 - Other Application Types

Current through June 14, 2024
A. Application for
				  Emergency Alterations
1. An emergency
				  alteration is one that is required to protect the public from imminent harm to
				  its health or safety; and is authorized by the Department. Oral approval of an
				  emergency alteration, other than those alterations specified in §
											1.6 of this Part, may be
				  granted by the Department consistent with the requirements set forth below.
				  Applicants who are not considered an appropriate official of a town, city,
				  state or federal agency or public utility responsible for correcting problems
				  which arise on an emergency basis and pose an imminent threat to the public
				  health and safety should contact the Freshwater Wetlands Program for
				  consideration of individual emergency situations.
a. An oral or written request for permission
				  to proceed with an emergency alteration must be made to the Freshwater Wetlands
				  Program, Office of Water Resources, by the owner of the property or easement
				  where the emergency alteration is proposed or by an appropriate official of a
				  town, city, state or federal agency or public utility responsible for
				  correcting problems which arise on an emergency basis and pose an imminent
				  threat to the public health and safety;
b. The request must inform the Department of
				  at least the following:
(1) An explanation of
				  the problem necessitating an emergency alteration;
(2) The reason why the problem represents an
				  imminent threat to health and safety;
(3) The location of the area in which
				  corrective activity is required;
(4) The proposed actions necessary to correct
				  the problems;
(5) The person
				  responsible for overseeing the activity, including immediate means of contact;
				  and
(6) The means proposed to
				  restore the wetland area following the emergency alteration, as
				  appropriate.
c. Any
				  emergency alteration undertaken shall not result in a permanent alteration of
				  any wetland, except as allowed for dam safety as approved by the Department in
				  accordance with the Rules and Regulations for Dam Safety, Part 130-05-1 of this
				  Title. The applicant must, in so far as possible, restore the wetland area to
				  prevent or minimize any permanent alteration. Such restoration must be
				  undertaken in accordance with requirements provided by the
				  Department;
d. Alteration of
				  wetlands shall not exceed work beyond that necessary to abate the
				  emergency;
e. Unless otherwise
				  informed by the Department following its inspection of the site, the applicant
				  must submit an as-built site plan or a plan of restoration to the Department no
				  later than forty-five (45) days following the action necessary to correct the
				  emergency problem. The site plan must illustrate the emergency activity
				  undertaken, the wetlands affected, any alteration which resulted from the
				  activity, and all restoration activities undertaken, or which are still
				  required. The required site plan must comply with §
												1.7(A)(3) 
				  of this Part;
f. The time
				  limitation for performance of an emergency alteration shall not exceed ten (10)
				  days following initial approval by the Department unless written approval for
				  an extension is obtained from the Department; and
g. Following submission of the as-built site
				  plan required in §
												1.11(A)(1)(e)
				  of this Part, the applicant is required to comply with any additional
				  activities necessary to prevent any permanent alteration or to finalize wetland
				  restoration as detailed in writing by the Department.