Lots containing wetlands

Per P.L. 2015, ch. 218, § 3, G.L. 1956, § 45-24-30(c), 250-RICR-150-15-3, the Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act (the "DEM Wetlands Regulations"). Rhode Island cities and towns are prohibited from applying requirements pertaining to wetland buffers and onsite wastewater treatment system setbacks to development applications submitted to a municipality after July 1, 2022, the effective date of said state regulations. Applications made on or after this date shall comply with the DEM Regulations as amended. Applications made prior to this date remain subject to the standards of this section 30-153.

For any lot which has been determined by the Rhode Island Department of Environmental Management to contain a wetland, if the wetland area, including wetland buffer, is greater than 40 percent of the total area, the following restrictions shall apply:

• • (1) Only single-family housing will be allowed in all residential zones;

  • (2) All commercial and manufacturing uses must be sewered;

  • (3) Each lot shall have a minimum buildable area of 12,000 square feet excluding wetland and wetland buffer zone as defined by the Wetland Act of the State of Rhode Island;

  • (4) No individual sewage disposal system (ISDS) shall be located:

    • a. Within 200 horizontal feet of a "fresh water wetland" as defined in G.L. 1956, § 2-1-20, as amended.

    • b. Within 200 horizontal feet of a "river" as defined in said G.L. 1956, § 2-1-20, as amended.

(Ord. of 03-22-2023 (2))