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| RHODE ISLAND |
An
isolated topographical depression in an upland setting where,
in most years surface water is present for at least 2 consecutive
months during the spring and summer, but not throughout the
year, and where fish are absent.
Definition
recommended by Murphy and Golet (1998)
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| A SUMMARY OF
VERNAL POOL PROTECTION MEASURES |
The Rhode Island Fresh Water
Wetlands Act (RIFWWA) (R.I.G.L., Sections 2-1-18 through 2-1-27) defines
a pond as "a place not less than one-quarter (1/4) acre
in extent
where open standing or slowly moving water shall be
present for at least six (6) months a year." Vernal
pools do not consistently meet this definition because they are often
smaller than ¼ acre in size and may hold water for less than
6 months a year. As a result many vernal pools were not
regulated by the RIFWWA or by any other State statute for many years. To
ensure better protection for vernal pools, the 1994 Rules included
a new wetland category, special aquatic site
(Rule 5.80), which was defined as "a body
of open standing water
which does not meet the definition of
pond but which is capable of supporting and providing habitat for
aquatic lifeforms." Many vernal pools are regulated
as special aquatic sites under the current wetlands program. [A
standing water body is defined in the bill as "a natural or manmade
basin
that contains standing or slowly moving water either permanently
or for extended seasonal periods."]
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WETLANDS
What the scoop on WETLANDS ? DEM's Freshwater
Wetlands Program
Rhode Island Department of Environment Management |
Generally speaking, wetlands
are areas where water covers the soil or is near the surface of the
soil for varying periods of time during the year. Legally, wetlands
in Rhode Island fall into a number of categories all with specific
definitions found in the Freshwater Wetlands Act and the Rules
and Regulations Governing the Administration and Enforcement
of the Freshwater Wetland Act.
Rhode Island's vegetated wetlands include swamps, marshes, bogs, and
emergent shrub and forested wetlands. Water from rain, snowmelt, and
groundwater is necessary to sustain these wetlands and is the controlling
factor in the development of wetland soils and plants. Vegetated
wetlands may have standing surface water above the ground or a water
table that is underground but close to the surface at least part of
the year. The water levels may fluctuate with seasonal changes and
the wetland soils may be alternately wet and dry. The frequent wetting
and drying make these wetland soils distinctly different from upland
soils. The plants that develop and thrive in these wetlands have special
adaptations that enable them to live where it is so wet. Only those
plants that can withstand the low oxygen levels in the saturated soils
can survive.
Rhode Island's other wetlands include flowing and standing water wetlands,
floodplains, and perimeter and riverbank wetlands. Flowing and standing
water wetlands include rivers, streams, intermittent streams, ponds,
special aquatic sites, and areas subject
to storm flowage.
Through the Freshwater Wetlands Act and the Rules and Regulations
that govern the Act, DEM regulates all freshwater wetlands
on the landward side of the jurisdictional boundary [the jurisdictional
boundary coincides with the state and local roads, and those freshwater
wetland shoreward of the boundary, i.e., "in the vicinity of
the coast", are under the jurisdiction of the CRMC.] no
matter how big or small the wetlands are. The Rules and Regulations
define all regulated areas and in some cases size is a determining
factor. Specifically, ponds must be at least 1/4
acre in size and hold water for more than 6 months; swamps
must be at least 3 acres in size; marshes must be 1 acre or
greater; and bogs can be any size. If a wetland meets
the size criteria, DEM regulates not only the main body of water but
also that area of land within 50 feet of the wetland as the perimeter
wetland. The perimeter wetland buffers and protects the main
body of the wetland form adverse effects and is an integral component
of the wetland it is associated with.
Copies of DEM's "What's the Scoop on
Wetlands" and "Rules and Regulations" are
available by calling the DEM office of Technical and Customer Assistance
or by visiting them in the Foundary Building, 235 Promenade Street,
Providence.
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