Section 250-RICR-150-10-6.20 - Applications Involving the DEM Freshwater Wetlands Program and the Coastal Resources Management CouncilA. Applications Involving the DEM Freshwater Wetlands Program 1. All applications pursuant to these Rules associated with a construction project which may affect a freshwater wetlands jurisdictional area defined pursuant to Subchapter 15 Part 3 of this Chapter, Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act and regulated by the Department shall be submitted in accordance with §§ 6.20(A)(1)(a), (b), or (c) of this Part: a. The OWTS application may be accompanied by the appropriate determination or permit required by the DEM Freshwater Wetlands Program. Accordingly, where an applicant proposes to construct OWTS, the applicant must apply for and receive the appropriate determination or permit from the Freshwater Wetlands Program prior to submission to the OWTS Program;b. The applicant may submit applications to the Freshwater Wetlands Program and the OWTS Program at the same time. No OWTS Application for a construction project which may affect a freshwater wetlands jurisdictional area, as defined pursuant to Subchapter 15 Part 3 of this Chapter, Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act, will be approved without the appropriate determination or permit from the Freshwater Wetlands Program; or c. For Applications for New Building Construction or Applications for Alteration to a Structure on a single family house lot in proximity to DEM's Freshwater wetlands permitting jurisdiction, the applicant may submit a joint OWTS/ Freshwater Wetlands Permit application on a form approved by the Director for this purpose. Approval of a joint OWTS/Freshwater Wetlands Permit application will be held to satisfy both sets of Regulations and include conditions as may be needed. Permits issued under this process may not be renewed.2. If the Department determines that there is a reasonable doubt as to the location of a freshwater wetlands boundary or applicability of Subchapter 15 Part 3 of this Chapter, Rules and Regulations Governing the Administration and Enforcement of the Fresh Water Wetlands Act, to a proposed new construction or new installation of an OWTS, the Department may require that the applicant obtain a separate determination or permit from the Department pursuant to said Wetlands Regulations.3. Erosion and sedimentation controls shall be designed, shown on plans, installed, operated and maintained to protect any watercourse from potential adverse effects of the construction project associated with an approved OWTS application.B. Applications Involving the Rhode Island Coastal Resources Management Council 1. The Rhode Island Coastal Resources Management Council has authority over construction proposed in certain coastal regions of the State. The coastal region includes: All coastal features and all land within two hundred feet (200') of tidal waters, salt water ponds, salt water marshes, salt water wetlands or other land subject to Coastal Resources Management Council jurisdiction. Review of impacts to "freshwater wetlands in the vicinity of the coast" is under the sole jurisdiction of the Coastal Resources Management Council in accordance with 650-RICR- 20-00-2, Coastal Resources Management Program-Rules and Regulations Governing the Protection and Management of Freshwater Wetlands in the Vicinity of the Coast.2. The Director reserves the right to request the applicant to obtain a Preliminary Determination from the Rhode Island Coastal Resources Management Council. The applicant is required to obtain a Preliminary Determination from the Coastal Resources Management Council prior to submitting any OWTS Application that includes a variance request pursuant to § 6.51 of this Part for OWTS located within two hundred feet (200') of the inland edge of the coastal shoreline feature bordering a tidal water area (corresponding to the jurisdiction of the Rhode Island Coastal Resources Management Council). For OWTS Applications for New Building Construction and OWTS Applications for Alteration to a Structure proposing an OWTS that has a design flow greater than two thousand (2,000) gallons per day for any single system or design flow greater than two thousand (2,000) gallons per day for any combination of systems owned or controlled by a common owner, applicants must receive a Preliminary Determination from the Coastal Resources Management Council before submitting an application for an OWTS to the DEM unless the OWTS Application provides sufficient information to determine the location of the coastal shoreline feature. After receiving a permit for an OWTS from the Director, the applicant should consult with the Coastal Resources Management Council before undertaking any construction on the property. It is the applicant's responsibility to obtain a Coastal Resources Management Council permit if necessary.250 R.I. Code R. 250-RICR-150-10-6.20
Amended effective 11/25/2018
Amended effective 12/28/2021
Amended effective 7/1/2022