River and Canal Maintenance Activities Allowed Under RIDEM Wetlands and Water Quality Regulations Russ Chateauneuf Chief Groundwater & Wetlands Protection.

River and Canal Maintenance Activities Allowed Under

RIDEM Wetlands and Water Quality Regulations

Russ ChateauneufChief

Groundwater & WetlandsProtection

Rhode Island DEM

• Called “exempt” activities in regulations

• “Exempt” activities are projects listed in Rule 6.00 that do not need a wetlands permit from DEM even if though they are in wetland jurisdiction.

• Jurisdiction:– river and canal, plus 200 feet from river edge.– 50 feet from most other wetlands

River and Canal Maintenance Activities Allowed

Activities Allowed

• Different from those activities that need a permit

• Still have “general conditions” similar to permitted projects.

General Conditions for Exempt Activities

• All structures or fill must be maintained to ensure public safety and protect wetland functions

• You may need to install erosion controls (i.e. haybales, silt fence, check dam, coffer dam)

• You must remove all equipment after construction

• No exempt activity can jeopardize rare wetland types or species in any way

• Overall, are you protecting wetland functions and values?

Exempt Maintenance

• Bridge repair performed from bridge decking (not from the freshwater wetland)

• Repair or in-kind/in-place replacement of shoreline stabilization structures

• Repair of docks, foot bridges and boat ramps

• Maintaining structural integrity

Exempt Maintenance, cont.

• Replacement of functional drainage structures of same invert elevation,( more than 50’ same type, size, length, and capacity…50’ or less more flexible specifications).

• Cleaning drainage structures

• Removing manmade trash from freshwater wetlands without any change in the profile or character of the wetland, and removal of obstructions in watercourses that prevent canoe access.

• Repaving and normal roadway maintenance

Exempt Maintenance, cont.

• Public utility service inspection, maintenance, and repair

• Repair and replacement of utility lines on bridges and in existing or approved roadways.

• In-kind replacement of structures destroyed by fire

Exempt Vegetative Clearing

• Threats to Safety (dead or dying branches or trees)

• Maintaining “existing or approved” fields, lawns, recreational areas etc.

• Tree harvest supervised by the DEM Forestry

• Work required by the Dam Safety Program

Exempt Vegetative Clearing, cont.

• Vehicle Safety Access (10 feet)/existing or approved pedestrian trails

• Existing or Approved Utility Line right of way

• Non-mechanized removal of floating or submerged vegetation, 15 feet or less away from existing or approved docks, beaches, or swimming areas.

• Maintenance of drainage ditches and storm water facilities

© J. Osenkowski, RIDEM

Utility Emergencies

• Emergency access and repair OR replacement of utility lines, poles, structures, equipment or facilities due to – storm damage– acts of vandalism– accidents or– equipment failure

• All affected wetlands must be fully restored at project completion

Limited Planting Activities

• Limited planting in perimeter or riverbank wetland allowed without permit if special conditions are met, as follows:

• Conditions in Rule 6.18 include:– Maintain existing vegetation– Plant natives and maintain them– Limit disturbance of soil, area, pavement– Limit introduction of new soil– Planting window to protect nesting turtles

Town of West Warwick

Cutting/Clearing Invasives

• Limited cutting or clearing of invasive plants if: – List of special conditions (rule 6.02K)– Project plans are reviewed by

WQ/WR team– Plan contains necessary controls,

expertise, and follow-up monitoring

• Note: DEM Agriculture permits herbicide usage

IPANE

Why conditions for invasives control?

• Invasives still provide habitat

• Ensure success of invasives removal

• Prevent/minimize erosion

• Avoid sediment contamination

• Protect turtle nesting areas

S. Holdredge, RIDEMRIDEM Fish & Wildlife RIDEM Fish & Wildlife

DEM Water Quality & Wetland Restoration Team

Fact sheet available @ www.dem.ri.gov/programs/benviron/water/wetlands/pdfs/wqwrteam.pdf

To learn more about the team, or if you are planning a restoration project, contact:

Lisa McGreavy

[email protected]

(401) 222.4700, Ext. 7611

Benefits of Maintaining River Buffers

Improve water Improve water qualityquality

Provide nesting, Provide nesting, roosting, roosting,

foraging areas foraging areas for wildlifefor wildlife

Protect fish Protect fish and wildlife and wildlife

from noise & from noise & pollutionpollution

RIDEM Fish & Wildlife

S. Holdredge, RIDEM © J. Osenkowski, RIDEM

Vernal Pool Assn

RIDEM