Section 250-RICR-150-15-1.3 - General AdministrationA. Freshwater Wetlands. The Department shall be responsible for administering and enforcing the Act and these Rules.B. Freshwater Wetlands in the Vicinity of the Coast. Pursuant to R.I. Gen. Laws § 46-23-6, as amended, Freshwater wetlands in the vicinity of the coast are under the exclusive jurisdiction of the Rhode Island Coastal Resources Management Council (CRMC), including, after January 1, 2002, the renewal, transfer, modification and enforcement of permits originally issued by the Department, with these exceptions: 1. The Department shall retain jurisdiction over farming-related activities involving freshwater wetlands in the vicinity of the coast.2. Any determination or permit, including any terms and conditions, issued by the Department prior to August 18, 1999, shall remain valid for the time period specified in such determination or permit.3. The Department shall retain jurisdiction over any permits issued prior to January 1, 2002, that are the subject of an outstanding compliance order or other formal administrative, civil or criminal legal action initiated by the Department for the purpose of litigating or settling that action.4. The Department shall retain sufficient jurisdiction over any permits or permit applications acted upon by the Department prior to January 1, 2002, to permit the Department to defend or settle any legal proceedings brought against it as a result of those actions.5. Any compliance order issued or other civil or criminal enforcement action taken by the Department prior to August 18, 1999, shall continue to be subject to the Department's authority and to be governed by the Rules and Regulations in effect at the time the order was issued or action taken.6. Permits issued by the Department for projects that lie on or that straddle the jurisdictional boundary shall be administered by the Department in accordance with § 1.3(C) of this Part.C. Projects that Lie on or Cross the Jurisdictional Boundary. 1. Applications for linear projects such as road or utility rights of way lying on the jurisdictional boundary established pursuant to R.I. Gen. Laws § 46-23-6 will be reviewed as follows: a. If the project is located entirely or partially either within a CRMC Special Area Management Plan or within 200 feet of a coastal or shoreline feature, as defined by CRMC, then CRMC shall be the freshwater review agency.b. If the project is located entirely outside of any CRMC Special Area Management Plan and beyond 200 feet of a coastal or shoreline feature, as defined by CRMC, then the Department shall be the freshwater review agency.2. Applications for projects that cross or fall on both sides of the jurisdictional boundary established pursuant to R.I. Gen. Laws § 46-23-6 will be reviewed as follows: a. If all of the freshwater wetlands are located seaward of the boundary, then CRMC shall be the freshwater wetland review agency.b. If all of the freshwater wetlands are located inland of the boundary, then the Department shall be the freshwater wetland review agency.c. If the wetlands lie on both sides of the jurisdictional boundary and the project is non-linear in character, then: (1) Where the project is located entirely or partially either within a CRMC Special Area Management Plan or within 200 feet of a coastal or shoreline feature, as defined by CRMC, then CRMC shall be the freshwater wetland review agency; or(2) Where the project is entirely outside of any Special Area Management Plan and is beyond 200 feet of a coastal or shoreline feature, as defined by CRMC, then the Department shall be the freshwater wetland review agency.d. For linear projects that are on both sides of the jurisdictional boundary, the Department and CRMC shall jointly determine which agency will serve as the freshwater wetland review agency. This determination shall be made on a case-by-case basis in response to a written request from an applicant to CRMC, and be based on the following: the extent and location of the freshwater wetland or wetlands, the area and proximity of potential land disturbance, and the guidelines set forth in any applicable watershed plan. Within ten (10) business days of the receipt of a request for clarification from an applicant, the agency that retains jurisdiction shall so inform the applicant. Upon written notice to the applicant, the agency may extend the ten (10) day deadline for up to an additional ten (10) business days for any reason. Although the goal of these provisions is to promote the designation of a single review agency, in the event that a project includes potential freshwater wetland alteration in both jurisdictional areas, the Department and CRMC reserve the right to jointly exercise their jurisdiction.3. The permitting agency for a project that is on the boundary or on both sides of the boundary shall renew, modify, transfer and enforce the permit according to the Rules (in the case of the Department) or the Rules and Regulations (in the case of CRMC) that were in effect at the time the permit was issued.4. The Department and CRMC maintain at their respective offices maps illustrating the jurisdictional boundary between freshwater wetlands and freshwater wetlands in the vicinity of the coast.250 R.I. Code R. 250-RICR-150-15-1.3