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-150-15-1.5 - Regulated Activities

Current through June 14, 2024
A. Prohibitions
1. Except as provided in §
											1.6 of this Part, a proposed
				  project or activity which may alter any freshwater wetland may not be
				  undertaken without a permit from the Department. Specifically, no person may
				  excavate; drain; fill; place trash, garbage, sewage, road runoff, drainage
				  ditch effluents, earth, rock, borrow, gravel, sand, clay, peat, or other
				  materials or effluents upon; divert water flows into or out of; dike; dam;
				  divert; clear; grade; construct in; add to or take from or otherwise change the
				  character of any freshwater wetland as defined herein, in any way, without
				  first obtaining a permit from the Department.
2. In addition to those projects or
				  activities proposed either partially or wholly within freshwater wetlands,
				  projects or activities taking place outside of freshwater wetlands which in all
				  likelihood, because of their close proximity to wetlands, or because the size
				  or nature of the project or activity will result in an alteration of the
				  natural character of any freshwater wetland, may not be undertaken without a
				  permit from the Department. Such projects generally include those which:
a. Result in a change to the normal surface
				  run-off characteristics which increases the rate or volume of water flowing
				  into, or draining or diverting water away from, freshwater wetlands by such
				  activities as:
(1) Creating or significantly
				  increasing impervious areas;
(2)
				  Modifying run-off characteristics by grading significant amounts of land area
				  or clearing and permanently modifying significant amounts of vegetative cover
				  on areas draining to freshwater wetlands;
(3) Diversion of and concentration of surface
				  run-off through swales, ditches, grading, drainage systems and other surface
				  run-off conveyance systems to or away from freshwater wetlands; or
b. Result in diversion of
				  groundwater into or away from freshwater wetlands by:
(1) Installation of subdrains which will
				  lower groundwater elevations supplying freshwater wetlands or increase flow
				  into wetlands;
(2) Installation of
				  underground utilities bedded in pervious materials which may act as a subdrain
				  to divert groundwater away from, or concentrate such water to freshwater
				  wetlands;
(3) Installation of
				  wells, other than wells intended for a single family home, which will remove
				  significant amounts of water supplying or affecting any freshwater wetland;
				  or
c. Result in a
				  modification to the quality of water reaching freshwater wetlands which could
				  change their natural character; or
d. Result in construction of a "new" onsite
				  wastewater treatment system (OWTS) as defined by the Rules Establishing Minimum
				  Standards Relating to Location, Design, Construction and Maintenance of Onsite
				  Wastewater Treatment Systems (OWTS Regulations),
Subchapter 10 Part
				  6 of this Chapter,
where the leaching field of the OWTS is located
				  within fifty feet (50') of any emergent, shrub or forested wetland; special
				  aquatic site; area subject to flooding; or area subject to storm
				  flowage.
3. No project
				  or activity that may or will alter a freshwater wetland pursuant to
				  §§
											1.5(A)(1) and
				  (2) of this Part above may be undertaken
				  unless it conforms at all times to all applicable permits and permit terms and
				  conditions, and all representations made in all applicable permit
				  applications.