Stormwater and Sediment 



point source impacts: a) sediment and/or erosion controls inadequate or niissing; b) 

 contours missing or inadequate; c) wedands delineation inadequate. The Task Force 

 postulated three reasons for the chronic inadequacies in these areas, including attempts on 

 the part of applicants to circumvent the regulations, poor understanding of regulatory 

 requirements, and inadequate expertise drawn upon in delineating wedand areas. 



Interviews with a developer confirmed that many developments affecting wedands 

 proceed outside the permit process. During die past year, delays in processing permits 

 have been significandy reduced, so "avoidance of delay" now appears to be a less 

 convincing motivation than a desire to circumvent the process. 



Although such violations generally result in a sequence of violation notice, consent 

 agreement, etc., applicants avoid the permit conditioning process, avoid implementing non- 

 point source controls until the runoff and sedimentation damage has been done during 

 construction, and may never be required to complete full restoration. 



Sections 2-1-22 through 2-1-24 of the Freshwater Wetiands Act as amended in 1985 set 

 out permit approval stipulations. In cases where developments affecting wedands proceed 

 outside the permit process, die Director of DEM is provided audiority to order restoration 

 work done by an agent, and to require reimbursement from the applicant This authority is 

 rarely utilized, partiy because of its administrative complexity. If damage has occurred to 

 wedands owned by parties other than the developer or contractor charged with die 

 violation, the Wetlands Section must cite all individual landowners, requesting the 

 landowners' permission to allow a DEM contractor onto dieir property to conduct 

 restoration work. Liability issues are frequendy raised. 



Similarly, Section 2-1-22 (f), states that "notice of permit and notice of completion of 

 work subjea to permit shall be eligible for recordation under Chapter 13 of tide 34 and 

 shall be recorded at the expense of the applicant in the land evidence records of the 

 city/town where die property subject to permit is located, and any subsequent transferee of 

 such property shall be responsible for complying with the terms and conditions of the 

 permit" 

 This provision is extremely important, in that: 



a) public notice is provided in at least a limited manner, 



b) responsibility for maintenance of permit conditions is established, along with a 

 mechanism for transfer of responsibility; 



c) a reference showing applicability of die wedand regulations is made available to 

 building inspectors, so that compliance with specifications can be assured at the 

 local level; and 



d) DEM can take action on property in which violations go uncorrected at the time of 

 property transfer (in situations where the deed recordance interferes with an 

 applicant's efforts to obtain a mortgage). 



In fact, however, the notices are not consistendy recorded. Although the Rhode Island 

 Building Code references wedand permitting, no mechanism exists to ensure that building 

 inspectors obtain the land evidence records and either verify recordation or assure 

 compliance with stipulations before issuing building or occupancy permits. Because severe 



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