Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 130 - Compliance and Inspection › Subchapter 05 - Dam Safety › Part 1 - Rules and Regulations for Dam Safety (250-RICR-130-05-1) › Section 250-RICR-130-05-1.10 - Approvals

Current through June 14, 2024
A. Maintenance of a High or Significant
				  Hazard Dam
1. Maintenance of a high hazard dam
				  or significant hazard dam, except for certain cutting or removal of trees, does
				  not require an approval from the Department. To be exempt from Department
				  approval, the cutting or removal of trees must be limited to those trees with a
				  diameter less than 6 inches (measured 2 feet above the ground level) or that do
				  not affect the integrity of the dam. If trees have a diameter greater than 6
				  inches (measured 2 feet above the ground level) then the dam owner shall first
				  consult with a qualified engineer who will determine if the cutting or removal
				  could jeopardize the integrity of the dam. The owner shall obtain a written
				  report from the qualified engineer, if the qualified engineer determines that
				  the cutting or removal is not a threat to the integrity of the dam, and keep a
				  copy of the report on file. The report does not have to be filed with the
				  Department. The owner shall file an application for repair of the dam in
				  accordance with these rules and regulations if the qualified engineer
				  determines that the cutting or removal is a threat to the integrity of the dam.
				  Mowing or cutting of vegetation may be performed without an approval from the
				  Department provided it is limited to areas on the dam and adjacent to the dam
				  such that an area does not exceed fifteen (15) feet from the embankment,
				  spillway or low level control structure. All other mowing or cutting of
				  vegetation within freshwater wetlands will require a permit from the Director
				  unless specifically exempted under the Wetlands regulations. Areas exceeding
				  fifteen (15) feet from the embankment, spillway or low level control structure
				  that have been historically mowed and maintained are specifically exempted
				  under the Wetlands regulations. These areas can continue to be mowed without a
				  permit from the Director.
2. All
				  maintenance activities shall comply with the following:
a. Best management practices for erosion and
				  sediment controls must be used. All controls must be maintained in effective
				  operating condition during the activity, and all exposed soil and other fills
				  must be permanently stabilized at the earliest possible date. (For guidance see
				  Rhode Island Soil Erosion and Sediment Control Handbook and Rhode Island
				  Stormwater Design and Installation Standards Manual).
b. All equipment used for maintenance
				  activities shall be removed from any freshwater wetland upon completion of the
				  maintenance project.
c. All
				  maintenance activities shall be protective of water quality and freshwater
				  wetland functions and values so as to prevent pollutants, sediment, direct
				  discharge of stormwater runoff, or any material foreign to waters of the State
				  including freshwater wetlands, or hazardous to life, from entering any waters
				  of the State including freshwater wetlands.