Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 15 - Wetlands › Part 3 - Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act › Section 250-RICR-150-15-3.8 - Application Types and General Application Requirements

Current through June 14, 2024
§ 3.8 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 in §§
										3.9 through
					 3.14 of this Part.
3.8.1
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 Department determine whether a regulated freshwater wetlands
				  or other jurisdictional area is present on the applicant's property (see §
				  3.9.2 of this Part). The Department possesses 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 Department 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 § 3.9.3
				  of this Part). Furthermore, the Department 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
				  Department make a determination as to whether a proposed project does or does
				  not require a permit (see § 3.9.4 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 the eligibility requirements of a Freshwater
				  Wetlands General Permit (see §
												3.10 of this
				  Part).
5. Application for a
				  Freshwater Wetlands Permit (see §
												3.11 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 (see §
													3.6 of this Part) or is
				  eligible for approval for a Freshwater Wetlands General Permit (see §
													3.10 of this Part):
(1) This application must be submitted for a
				  project within a jurisdictional area or that requires approval from the
				  Department in accordance with §
														3.5 of this Part. For a
				  project that does not meet all of the standards specified in § 3.7.1 of
				  this Part, a request for a variance to the standards in accordance to §
				  3.7.3 of this Part must be submitted with the Application for a Freshwater
				  Wetlands Permit.
(2) For projects
				  on single family lots, an applicant may choose to submit to the Department a
				  Joint OWTS Application for New Building Construction or for Alteration to a
				  Structure and for a Freshwater Wetlands Permit, herein referred to as a Joint
				  OWTS/Freshwater Wetlands Application, provided that the project does not
				  involve variances from either these Rules or the Rules Establishing Minimum
				  Standards Relating to Location, Design, Construction and Maintenance of Onsite
				  Wastewater Treatment Systems, Subchapter 10 Part 6 of this Chapter.
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 wetlands, buffer or floodplain (see §
												3.12 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 § 3.14.1 of this Part).
8. Application for Permit Renewal: This
				  application must be submitted to renew a previously granted freshwater wetlands
				  permit (see § 3.14.2 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 § 3.14.3 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 § 3.14.4 of this Part).
11. Application Relating to Farmers: This
				  application must be submitted directly to the Department's Division of
				  Agriculture for a determination as to whether the project represents an
				  insignificant or a significant alteration in accordance with these Rules (see
				  §
												3.13
				  of this Part).