Freshwater Wetlands Permitting
What are freshwater wetlands?
Freshwater wetlands are areas that are flooded or that have water at or near the surface for part of most growing seasons. They commonly occur between uplands and water bodies; however, many freshwater wetlands stand alone and are surrounded by upland. Freshwater wetlands are widespread throughout Rhode Island and include swamps, marshes, bogs, ponds, vernal pools, and rivers and streams. People often ask about lakes. Rhode Island’s lakes are freshwater wetlands, and in regulatory terms they fall within the definition of pond.
Why are freshwater wetlands regulated?
Freshwater wetlands perform functions and provide values that are vital to people and the environment. Wetlands reduce flood and storm damages by temporarily holding rain water and surface water, thereby protecting property and structures. They protect and improve water quality; they provide important fish and wildlife habitat contributing to Rhode Island’s biodiversity; and they support hunting, fishing, bird-watching, and other recreational activities that contribute revenue to Rhode Island's economy. All of these functions and services contribute to a healthy and stable environment and economy.
How are freshwater wetlands regulated in RI?
Understanding the importance of wetlands, in July 1971, the Rhode Island legislators passed the Rhode Island Freshwater Wetlands Act and authorized the Department of Environmental Management (DEM) to preserve and regulate the freshwater wetlands of the state for the public benefits that they provide. “Freshwater wetlands in the vicinity of the coast” are regulated by the Coastal Resources Management Council (CRMC).
In 2015, the Act was amended to strengthen the protection of freshwater wetlands while streamlining the regulatory framework applicable to projects and activities proposed near wetlands. The amended law acknowledged the important functions and values of freshwater wetlands and their buffers and the need to protect and regulate the areas adjacent to wetlands at the state level.
The DEM and the CRMC promulgated new Freshwater Wetlands Rules that became effective on July 1, 2022. The DEM Rules are referred to as the “Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act” and are referenced in the Rhode Island Code of Regulations as 250-RICR-150-15-3. The Rules define the “Jurisdictional Area” subject to regulation and specify nine protective Standards.
The Department's Freshwater Wetlands Program is staffed by professional scientists and engineers who routinely assist property owners and their consultants to understand the Rules and Regulations and the general application requirements described in 250-RICR-150-15-3.8. Property owners who propose projects or activities within or sometimes near Jurisdictional Areas must first obtain a permit from the Department. There are eleven wetlands application types, and the type required depends on the nature of the request. The Department maintains an online searchable database of prior wetlands decisions to assist in determining if there is already a file and any specific information pertaining to a property. For some limited activities - identified in 250-RICR-150-15-3.6 as Exempt Activities - a property owner may proceed without a written permit provided all of the protective conditions in 250-RICR-150-15-3.6.1 are met.
More information about the new Freshwater Wetlands Rules including training workshops and guidance materials is available at: