TITLE 2
Agriculture and Forestry
CHAPTER 2-1
Agricultural Functions of Department of Environmental Management
PART 2-1-13
Fresh Water Wetlands
SECTION 2-1-18
§ 2-1-18 Declaration of intent.
Whereas it is recognized that freshwater wetlands, buffers, floodplains, and
other areas that may be subject to storm flows and flooding as defined in this
chapter provide storage and absorption areas for flood waters which reduce
flood hazards; and
Whereas all flood plains for all rivers, streams, and other
water courses are certain to be overflowed with water periodically in spite of
all reasonable efforts to prevent those occurrences; and
Whereas flood waters overflowing into freshwater wetlands,
buffers, floodplains, and other areas that may be subject to storm flows and
flooding are not only released more slowly downstream, thus reducing the damage
they may cause, but flood waters may be absorbed into the ground water supply
further reducing the flood hazard and recharging the vital ground water
resource; and
Whereas precipitation patterns are known to be changing and
Rhode Island has experienced a higher frequency of intense storm events
resulting in flooding; and
Whereas freshwater wetlands and buffers are among the most
valuable of all wildlife habitats and are high value recreational areas as
well, and wildlife and recreation are widely recognized as essential to the
health, welfare, and general well being of the general populace; and
Whereas it has been established through scientific study that
activities conducted in lands adjacent to freshwater wetlands can exert
influence on their condition, functions, and values and subsequently these
lands should be protected; and
Whereas it has been established through scientific study that
maintaining lands adjacent to freshwater wetlands as naturally vegetated
buffers protects the functions and values of wetlands and that such buffers in
and of themselves perform vital ecological functions; and
Whereas it has been established through scientific study that
freshwater wetlands and buffers maintained in a natural condition can provide
benefits to water quality through the filtering and uptake of water pollutants,
retention of sediment, stabilizing shorelines, and other natural processes; and
Whereas freshwater wetlands, buffers, and floodplains, are
increasingly threatened by random and frequently undesirable projects for
drainage, excavation, filling, encroachment, or other forms of disturbance or
destruction, and that a review of scientific literature indicates that aspects
of existing state standards to protect these areas need to be strengthened; and
Whereas the protection of freshwater wetlands, buffers,
floodplains, and other areas that may be subject to storm flows and flooding
from random, unnecessary, and/or undesirable drainage, excavation, filling,
encroachment, or any other form of disturbance or destruction is recognized as
being in the best public interest and essential to the health, welfare, and
general well being of the general populace and essential to the protection of
property and life during times of flood or other disaster affecting water
levels or water supply;
Whereas the lack of uniform standards results in duplication
of reviews administered by state and local governments and burdens businesses
and property owners who require a predictable regulatory environment to be
successful; and
Whereas it is recognized that statewide regulatory standards
to protect freshwater wetlands, buffers, and floodplains are in the public
interest, important to supporting economic vitality, and necessary to ensure
protection is achieved in a consistent manner; and
Therefore, the provisions of the following sections are
intended to preserve freshwater wetlands, buffers, and floodplains and regulate
the use thereof freshwater through the establishment of jurisdictional areas
and the regulation of activities consistent with this chapter.
History of Section.
(G.L. 1956, § 2-1-18; P.L. 1971, ch. 213, § 1; P.L. 2015, ch. 218,
§ 1.)
