New Freshwater Wetlands Rules

Important Update: The DEM has promulgated new Freshwater Wetlands rules (250-RICR-150-15-3) that postpone the effective date for implementing the rules to July 1, 2022. Until that date, the existing Freshwater Wetlands Rules (250-RICR-150-15-1) remain in place. Due to requirements of the Secretary of State, the new rules have been re-numbered as Part 3 and pursuant to Sections 3.19 and 3.20 ("Effective Date"), have been modified to specify and align with the new effective date of July 1, 2022.

To support the transition to the new rules, DEM will post information of the implementation of the new rules on our website. DEM, in collaboration with the RI Coastal Resources Management Council, has planned a series of training workshops. Use the link below for more information on Training and Guidance including the schedule for upcoming workshops and archived training materials.

Learn More about Training Workshops and Guidance Materials

DEM has established a form for submitting questions about the new rules. Persons are encouraged to submit questions in advance of training workshops to assist DEM in planning the content of the workshops.

Submit a Question Regarding the New Freshwater Wetlands Rules

Overview of New Freshwater Wetlands Rules

The final rules implement amendments to state law aimed at strengthening wetland protection, providing clarity and predictability and streamlining the permitting processes for development and other activities conducted in proximity to freshwater wetlands. Amendments to state law expanded the jurisdiction of DEM and the RI Coastal Resources Management Council (CRMC) over lands near freshwater wetland resources and mandated that the Agencies develop a common set of standards for freshwater wetland buffers taking into account resource protection needs, watershed protection needs and existing land use.

Rulemaking Updates

Current Rulemaking Actions

None at this time

The substance of the new Part 3 freshwater wetlands rules remains the same as the rules filed with Secretary of State in July 2021. Those freshwater wetlands rules were the subject of an earlier public notice issued November 23, 2020 and a public hearing held January 6, 2021. Based on public comment, DEM made minor revisions and clarifications to the proposed rules before finalizing the rules with the Secretary of State (250-RICR-150-15-2). The Part 2 rules have been superseded by the Part 3 rules and will be repealed. Additional guidance and information will be forthcoming.

Prior Rulemaking Actions

Part 3 Freshwater Wetland Rules (250-RICR-150-15-3) Promulgated Part 3 Freshwater Wetland Rules (250-RICR-150-15-3) Concise Explanatory Statement- Freshwater Wetlands Rules (Dec 2021) Public notice of Part 3 Freshwater Wetland Rules Updated Revised Freshwater Wetlands Rules (250-RICR-150-15-3) (Proposed) Response to Public Comment – Freshwater Wetlands Rules (Part 2)

Part 2 Freshwater Wetlands Rules (250-RICR-150-15-2) – Repealed effective 4/10/2022. This rule is no longer active.

PRIMARY RESOURCES

• New Part 3 Freshwater Wetland rules (250-RICR-150-15-3)