Coastal and freshwater wetlands overlay district

It is the policy of the State of Rhode Island and the Town of Narragansett to preserve and protect coastal and freshwater resources in the interests of the public health, safety, and general welfare of the community.

• • (1) District defined. This [coastal and freshwater wetlands overlay] district is composed of coastal and freshwater swamps, vernal pools, marshes, ponds, bogs, intermittent and perennial streams, areas subject to storm flowage, areas subject to flooding, and other wetlands which serve such valuable natural functions as buffering storms; controlling flooding, erosion and sedimentation; providing spawning grounds and nurseries for economically valuable fish and shellfish; recharging groundwater; providing open space and habitat for wildlife and wildfowl; absorbing pollutants and purifying runoff; and creating opportunities for recreation, education and research. The coastal and freshwater wetlands overlay district also includes all land adjacent to the biological edge of the above wetlands as established by a wetlands biologist and verified by the applicable state regulating body.

For purposes of this ordinance, coastal wetlands includes, but is not limited to salt marshes bordering on tidal waters, and other areas as defined in CRMC Redbook (650-RICR-20-00-1). Freshwater wetlands include marshes, swamps, bogs, ponds, rivers, river and stream floodplains and banks, areas subject to flooding or storm flowage, and emergent and submergent plant communities in any body of freshwater including rivers and streams, as these lands and waters are defined in G.L. 1956, § 2-1-20, and any subsequent amendments thereto.

• • (2) Prohibited uses. The following activities are prohibited in any coastal and freshwater wetlands:

    • a. 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; divert water flows into or out of; dike; dam; divert; change; add to or take from or otherwise alter the character of any freshwater wetland, buffer, or floodplain as defined in § 2-1-20 without first obtaining the approval of the director of the department of environmental management; or

    • b. Undertake any activity within a jurisdictional area, as defined in § 2-1-20, that may alter the character of the freshwater wetland, buffer, or floodplain without first obtaining the approval of the director of the department of environmental management.

  • (3) Reserved.

  • (4) Reserved.

  • (5) Special review uses. The Town of Narragansett shall use the wetland overlay district and/or any information previously provided to the town to determine if a property is located within proximity to a wetland. Projects that are determined, or reasonably presumed to be, within the regulatory area as defined by RIDEM/CRMC, will be subject to state approvals, or determination of non jurisdiction. The town may, at its discretion, require any or all of the following in order to properly execute a building permit:

    • a. A verified wetland edge and/or preliminary determination from either RIDEM or CRMC, depending upon jurisdictional authority.

    • b. An approval from RIDEM, or CRMC, as applicable, prior to the issuance of a building permit. If the project necessitates any other zoning approval, such approval shall be necessary before issuance of a building permit from the town.

Further, all applications that have been determined to be within CRMC/RIDEM jurisdiction, shall provide to the town, through certification by an appropriate professional, the following information:

• • • a. That the project will not obstruct floodways in any detrimental way, or reduce the net capacity of the site to retain floodwaters, including storm water;

    • b. That the proposed project will not cause any sedimentation of wetlands, and will include all necessary and appropriate erosion and sediment control measures;

    • c. That the proposed project will not directly or indirectly degrade surface or ground water quality.

(Ch. 811(1), § 1(4.3), 3-4-2002; Ch. 1108, § 2, 6-19-2023; Ch. 1140, § 3, 12-15-2025)

Cross reference— Waterways, ch. 82.