Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act


250-RICR-150-15-3 ACTIVE RULE

There are proposed changes for this rule. View Details
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3.1Authority and Purpose

3.2Administrative Findings

3.3Incorporated Materials

3.4Definitions

3.5Applicability and Regulated Activities

3.6Exempt Activities

3.7Standards Applicable to Regulated Projects and Activities and Variance Procedures

3.8Application Types and General Application Requirements

3.9Request to Determine the Presence of Jurisdictional Area, Request to Verify Freshwater Wetland Edges, or Request for Regulatory Applicability

3.10General Permits

3.11Application for a Freshwater Wetlands Permit

3.12Application for a Significant Alteration

3.13Application Relating to Farmers

3.14Other Application Types

3.15Enforcement

3.16Municipal Petition Process

3.17Public Access to Records

3.18Severability

3.19Superseded Rules

3.20Effective Date

3.21Specific Criteria for Identifying Freshwater Wetlands and Floodplain Edges

3.22Freshwater Wetlands Jurisdictional Boundary Map

3.23Statewide Buffer Zone Designations

3.24Freshwater Wetlands Buffer Regions Map


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
Type of Filing Adoption
Regulation Status Active
Effective 01/13/2022

Regulation Authority:

R.I. Gen. Laws §§ 2 1 20.1, 42 17.1-1 et seq., 42-17.6-1 et seq., 46-23-6
R.I. Gen. Laws § 42 35-1 et seq.

Purpose and Reason:

The proposed regulation on the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetland Act was previously put through the full rulemaking process (posted for comment on 11/23/2020, a hearing was held on 01/06/2021, public comment period ended on 01/22/2021.)  The purpose of this rulemaking is to re-file the regulation in its final form, but with a new effective date of July 1, 2022.  Aside from the effective date, the proposed rule is identical in substance to the previously proposed regulation (that was posted for comment on 11/23/2020], a hearing held on 01/06/2021, public comment period ended on 01/22/2021]). Due to the technical requirements of the Secretary of State’s system, the rule will now be numbered 250-RICR-150-15-3. Attached to this notice is the original Notice of Proposed Rulemaking, the originally posted proposed rules, the Concise Explanatory Statement and summary of public comments that were the result of the prior rulemaking process.  The new effective date is proposed in order to allow a more orderly transition to the new rules. Within the proposed rule, Section 3.19 on Superseded Rules was modified to align with the revised effective date and to clarify the applicability of the Rules to projects in the expanded jurisdictional area that possess building permits. Section 3.20 proposes a new effective date of July 1, 2022. During the transition period, the Department will continue to administer existing Freshwater Wetland Rule (250-RICR-150-15-1).