§ 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 […]
§ 2-1-19. Public policy on freshwater wetlands. It is the public policy of the state to preserve the purity and integrity of the freshwater wetlands, buffers, and floodplains of this state. The health, welfare, and general well-being of the populace and the protection of life and property require that the state restrict the uses of […]
§ 2-1-20. Definitions. As used in this chapter; (1) “Area subject to flooding” shall include, but not be limited to, low-lying areas that collect, hold, or meter out storm and flood waters from any of the following: rivers, streams, intermittent streams, or areas subject to storm flowage. (2) “Area subject to storm flowage” includes drainage […]
§ 2-1-20.1. Rules and regulations. (a) The director is authorized to adopt, modify, or repeal rules and regulations that are in accord with the purposes of §§ 2-1-18 — 2-1-27 and are subject to the administrative procedures act, chapter 35 of title 42, except for those freshwater wetlands located in the vicinity of the coast […]
§ 2-1-20.2. Designation of wetlands, buffers, and floodplains. The director is authorized to determine which areas are to be known as freshwater wetlands, buffers, and floodplains, areas subject to flooding, and areas subject to storm flowage. History of Section.G.L. 1956, § 2-1-20.2; P.L. 1974, ch. 197, § 1; P.L. 1983, ch. 174, § 1; P.L. […]
§ 2-1-20.3. Inspection — Penalty. (a) The director is authorized to enter, examine, or survey, at any reasonable time, any places that he or she considers necessary to carry out his or her responsibilities under §§ 2-1-18 — 2-1-24 without a warrant. (b) Any person who willfully impedes or obstructs an inspection, examination, or survey […]
§ 2-1-21. Approval of director. (a)(1) No person, firm, industry, company, corporation, city, town, municipal or state agency, fire district, club, nonprofit agency, or other individual or group may: (i) Excavate; drain; fill; place trash, garbage, sewage, highway runoff, drainage ditch effluents, earth, rock, borrow, gravel, sand, clay, peat, or other materials or effluents upon; […]
§ 2-1-22. Procedure for approval by director — Notice of change of ownership — Recordation of permit. (a) Application for approval of a project to the director of environmental management shall be made in a form to be prescribed by the director and provided by the director upon request. Prior to the application, a request […]
§ 2-1-23. Violations. In the event of a violation of § 2-1-21, the director of environmental management has the power to order complete restoration of the freshwater wetland, buffer, floodplain, or other jurisdictional area involved by the person or agent responsible for the violation. If the responsible person or agent does not complete the restoration […]
§ 2-1-24. Notice to cease operation and relief in equity — Penalty. (a) Whenever any person, firm, industry, company, corporation, city, town, municipal or state agency, fire, district, club, or other individual or group commences any activity set forth in § 2-1-21 without first having obtained the approval of the director, or violates any rule […]
