Local Initiatives 



9. Require maintenance of natural buffer strips adjacent to surface waters in critical 

 areas. If vegetative filter strips must be used as an alternative to natural cover, 

 require use of recommended seed mixtures necessitating little or no fertilization. 



EROSION AND SEDIMENT CONTROL/EARTH REMOVAL 



Findings and Concerns 



In many states, earth removal is regulated under home rule zoning powers, for the 

 purpose of conserving natural resources and ensuring appropriate use of land Because 

 earth removal operations may impair the natural filtering capacity of vegetation and soils, 

 ground and surface water quality may be significandy impacted. Allowable depth to water 

 table, maximum slope, revegetation, and other erosion control requirements are generally 

 included as stipulations. Although construction activities and agriculture may be exempted 

 from a range of the provision, earth removal regulations may also address nuisances such a 

 dust, noise, traffic, and erosion inducing activities. 



Chapter 46 of the Rhode Island General Laws provides enabling 

 authority to towns to enact soil erosion and sediment control ordinances, 

 and may be interpreted to address earth removal. The statute provides a model 

 ordinance whose provisions must be included in a town-adopted ordinance. Other 

 provisions and definitions "such as are not inconsistent with" the act may also be enacted 

 by towns. The statute references the Freshwater Wedands Act, requiring that site plans for 

 erosion and sediment control incorporate the wetiand permit conditions. The statute 

 also requires that building permit fees be based on the combined cost of the 

 building itself and the sediment control facilities, sets bonding policy, and 

 establishes maintenance responsibility. 



Although several towns have enacted ordinances under the enabling act, 

 implementation has been inconsistent, due to the statute's vague 

 performance standards, lack of funding and inspection personnel at the 

 local level, weak local support, and lack of provision for state oversight 

 authority. 



Recommendations to Town Councils 



***Revise procedures of the municipal highway department, the department 

 of public works, the sanitation department, and other applicable service and 

 maintenance departments to ensure that procedures and practices of these 

 departments are consistent with the technical requirements, 

 recommendations and language of the Stormwater and Erosion Control 

 Committee regarding erosion and sedimentation control, design and 

 installation of best management practices, and maintenance and repair of 

 facilities. 



***Under the existing sediment and erosion control enabling authority, or within the 

 provisions of an expanded state stormwater runoff and sediment control law, develop 

 town ordinances and by-laws which, at a minimum, incorporate the 

 provisions of the Stormwater Management and Erosion Control Committee. 



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