CRMC – Rules and Regulations Governing the Protection and Management of Freshwater Wetlands in the Vicinity of the Coast

• Rules are essentially identical to the DEM Freshwater Wetland Rules with the exception of some application processes for consistency with the CRMC Management Procedures. For example, permit extensions, decisions and notifications, objections and appeals must be done in accordance with the Management Procedures. Same application fee structure.

• Tributary wetlands within CRMC Salt Pond Region and Narrow River SAMPs are regulated more stringently. See SAMP outline below.

• Additional Definitions for Coastal feature, Coastal Resources Management Program, Council, Management Procedures, SAMP, Setback and In the Vicinity of the Coast.

• Setback means the minimum distance from the edge of a freshwater wetland at which an approved activity or alteration may take place.

• Buffer Zone: An area of undeveloped vegetated land retained in its natural undisturbed condition, or created to resemble a naturally occurring vegetated area that mitigates the negative impact of human activities on wetland functions and values.

• Maps depicting the CRMC and DEM freshwater wetland jurisdictional boundaries are posted on both agencies’ websites. See: http://www.dem.ri.gov/maps/wetjuris.htm.

Coastal Resources Management Program – Red Book Section 140 Setbacks

A Setback is the minimum distance from the inland boundary of a coastal feature at which an approved activity or alteration may take place

Section 150 Coastal Buffer Zone

A Coastal Buffer Zone is a land area adjacent to a Shoreline (Coastal) Feature that is, or will be, vegetated with native shoreline species and which acts as a natural transition zone between the coast and adjacent upland development. A Coastal Buffer Zone differs from a construction setback (Section 140) in that the setback establishes a minimum distance between a shoreline feature and construction activities, while a buffer zone establishes a natural area adjacent to a shoreline feature that must be retained in, or restored to, a natural vegetative condition (Figure 2). The Coastal Buffer Zone is generally contained within the established construction setback.

• Coastal Buffer Zones are determined by Table 2A and are based on parcel size and abutting CRMC water type.

Section 210.3 Coastal Wetlands

1. Coastal wetlands include salt marshes and freshwater or brackish wetlands contiguous to salt marshes or physiographical features. Areas of open water within coastal wetlands are considered

a part of the wetland. In addition, coastal wetlands also include freshwater and/or brackish wetlands that are directly associated with non-tidal coastal ponds and freshwater or brackish wetlands that occur on a barrier beach or are separated from tidal waters by a barrier beach.

2. Salt marshes are areas regularly inundated by salt water through either natural or artificial water courses and where one or more of the following species predominate: smooth cordgrass (Spartina alterniflora), salt meadow grass (Spartina patens), spike grass (Distichlis spicata), black rush (Juncus gerardi), saltworts (Salicornia spp.), sea lavender (Limonium carolinianum), saltmarsh bulrush (Scirpus spp.), high tide bush (Iva frutescens).

3. Contiguous freshwater wetlands are those wetlands which border directly on salt marshes or brackish wetlands or physiographical features and which, except for size limitations, meet the definition of bog, marsh, swamp, or pond under the Rhode Island Freshwater Wetlands Act (R.I.G.L. § 2-1-18 et seq.). All contiguous freshwater wetlands are protected under this Program, regardless of their size.

4. Contiguous brackish wetlands are those wetlands which border directly on salt marshes and where one or more of the following species predominate: tall reed (Phragmites communis), tall cordgrass (Spartina pectinata), broadleaf cattail (Typha latifolia), narrowleaf cattail (Typha angustifolia), spike rush (eleocharis rostellata), chairmaker's rush (Scirpus americana), creeping bentgrass (Agrostis palustris) sweet grass (Hierochloe odorata), wild rye (elymus virginicus).

5. High salt marsh is defined as that portion of the salt marsh that typically is flooded by spring, moon, or other flooding tides but otherwise is not flooded on a daily basis. The vegetative composition of high salt marsh typically consists of one or more of the following: salt meadow grass (Spartina patens); spike grass (Distichlis spicata); black rush (Juncus gerardi); tall reed (Phragmites communis); Sea Lavender (Limonium carolinianum); tall cordgrass (Spartina pectinata); saltmarsh bulrushes (Scirpus spp.); and high tide bush (Iva frutescens).

6. Low salt marsh is defined as that portion of the salt marsh that is flooded daily. The vegetative composition of the low salt marsh typically consists predominantly of smooth cordgrass (Spartina alterniflora). CRMC Salt Pond Region Special Area Management Plan (SAMP) and Narrow River SAMP Tributary wetlands are freshwater wetlands within the watershed that are connected via a watercourse to a coastal wetland and/or tidal waters. Section 920.1.A – Self-Sustaining Lands

(e) A minimum 200' setback from the salt ponds, their tributaries, and coastal wetlands, including tributary wetlands, is required for OWTS in Self Sustaining Lands for activities within 200' of a coastal feature and all watershed activities as defined in Section 900.B.3 and 900.B.4. Relief from this regulation requires a Special Exception as defined in Section 130 of the RICRMP, unless the lands were subdivided prior to April 12, 1999 and cannot accommodate the requirement.

(f) A 150' buffer zone from the salt ponds, their tributaries, and coastal wetlands, including tributary wetlands, is required for activities within 200' of a coastal feature and all watershed activities as defined in Section 900.B.3 and 900.B.4 in Self Sustaining Lands. Relief from this

regulation requires a Special Exception as defined in Section 130 of the RICRMP, unless the lands were subdivided prior to November 27, 1984 and cannot accommodate the requirement. Section 920.1.B – Lands of Critical Concern

(f) A minimum 225' setback from the salt ponds, their tributaries, and coastal wetlands, including tributary wetlands, is required for OWTS in Lands of Critical Concern for activities within 200' of a coastal feature and all watershed activities as defined in Section 900.B.3 and 900.B.4. Relief from this regulation requires a Special Exception as defined in Section 130 of the RICRMP, unless the lands were subdivided prior to April 12, 1999 and cannot accommodate the requirement.

(g) A 200' buffer zone from the salt ponds, their tributaries, and coastal wetlands, including tributary wetlands, is required for all development activities within 200' of a coastal feature and all watershed activities as defined in Section 900.B.3 and 900.B.4 in Lands of Critical Concern. Relief from this regulation requires a Special Exception as defined in Section 130 of the RICRMP, unless the lands were subdivided prior to November 27, 1984 and cannot accommodate the requirement.

Maps for all 21 coastal communities showing CRMC and DEM freshwater wetland jurisdiction are found online at: http://www.dem.ri.gov/maps/wetjuris.htm