Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 20 - Coastal Management Program › Subchapter 00 - N/A › Part 2 - Coastal Resources Management Program-Rules and Regulations Governing the Protection and Management of Freshwater Wetlands in the Vicinity of the Coast › Section 650-RICR-20-00-2.2 - Administrative Findings (formerly Section 2.00)

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 (Freshwater Wetlands Act)
				  are hereby adopted as the administrative findings upon which these Rules are
				  based.
B. Consistent with these
				  declarations, the CRMC 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
				  areas of land within 50 feet (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, bird watching 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 CRMC will deny any application for a project that
				  will so alter any wetland.
6. The
				  CRMC 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. The CRMC
				  recognizes that dams may also be historic resources (listed on the National
				  Register of Historic Places or eligible for listing) and that preservation of
				  such resources is desirable. Also, consistent with its responsibilities under
				  R.I. Gen. Laws Chapter 46-19, Inspection of Dams and Reservoirs, the DEM has
				  determined that many dams in the state are in disrepair and may present safety
				  hazards to the public. The CRMC 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 DEM for reasons of
				  public safety. The CRMC 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.