650 R.I. Code R. 650-RICR-20-00-9.8 - Application Types and General Application Requirements
§ 9.8 of this Part describes general application requirements and provisions applicable to all application types unless otherwise specified herein. Additional requirements for each application type are described within §§ 9.9 through 9.14 of this Part.
9.8.1
Application Types
A. These Rules provide for the following
types of applications:
1. Request to determine
the presence of jurisdictional area: This application may be submitted to
request that the CRMC determine whether a regulated freshwater wetland or other
jurisdictional area is present on the applicant's property (see § 9.9.2 of
this Part). The CRMC is the sole authority to determine which areas are deemed
freshwater wetlands, buffers, floodplains, areas subject to storm flowage or
areas subject to flooding.
2.
Request to verify freshwater wetland edges: This application may be submitted
to request that the CRMC confirm the freshwater wetland edge(s) delineated by
the applicant and, if in substantial agreement with the documentation provided,
confirm the presence of the identified freshwater wetlands and their delineated
edges (see § 9.9.3 of this Part). Furthermore, the CRMC will identify the
type(s) of freshwater wetland(s) verified with the applicable buffer zones and
associated jurisdictional area.
3.
Request for regulatory applicability: This application may be submitted to
request that the CRMC make a determination as to whether a proposed project
does or does not require a permit (See § 9.9.4 of this Part).
4. Application for a freshwater wetlands
general permit: This application may be submitted to seek approval for a
proposed project that meets all of the eligibility requirements of a freshwater
wetland general permit as specified in §
9.10 of this Part.
5. Application for a freshwater wetlands
permit (See §
9.11 of this Part).
a. The freshwater wetlands permit decision
serves as the preliminary determination pursuant to R.I. Gen. Laws §
2-1-22(a).
b. Unless a proposed project or activity is
exempt under §
9.6 of this Part or is
eligible for approval for a freshwater wetlands general permit under §
9.10 of this Part, this
application must be submitted for a project within a jurisdictional area or
that requires approval from the CRMC pursuant to §
9.5 of this Part.
c. For a project that does not meet all of
the standards specified in § 9.7.1 of this Part, a request for a variance
to the standards in accordance to § 9.7.3 of this Part must be submitted
with the application for a freshwater wetland permit.
6. Application for a significant alteration:
This application must be submitted to obtain a permit for a proposed project
that will, or is likely to, result in a significant alteration of a freshwater
wetland, buffer or floodplain (See §
9.12 of this
Part).
7. Application for emergency
alteration: This application must be submitted either by the owner of the
property or an appropriate official, orally or in writing, to request a permit
for an emergency alteration in the event that public health or safety is at
imminent risk (See § 9.14.1 of this Part).
8. Application for permit renewal: This
application must be submitted to renew a previously granted freshwater wetland
permit (See § 9.14.2 of this Part).
9. Application for permit modification: This
application must be submitted to request approval of a minor modification to a
previously permitted project (See § 9.14.3 of this Part).
10. Application for permit transfer: This
application may be submitted to request the transfer of a valid permit to a new
property owner (See § 9.14.4 of this Part).
11. Application relating to farmers: This
application must be submitted directly to the DEM Division of Agriculture for a
determination as to whether the project represents an insignificant or a
significant alteration in accordance with §
9.13 of this Part.
9.8.2
Application
Forms and Their Submission
A. What to
submit: It is the responsibility of each applicant to submit a completed
application package, including originals of all applicable forms and any
additional supporting information required by the CRMC as specified in
§§
9.8 through
9.14 of this Part. The
application must be accompanied by full payment of any applicable fee set forth
in §§ 9.8.8 and 9.8.9 of this Part.
B. Who may submit: The applicant must be the
owner or owners of the property or easement that is the subject of the
application, or it must be the government agency or entity with power of
condemnation over such property or easement.
C. Notification of applicant and agents: The
CRMC will mail notices and other written communications regarding the
application to the applicant and to the applicant's attorney, agent or other
representative if, at the time the application is filed, the applicant so
informs the CRMC in writing of his or her name and mailing or e-mail
address.
9.8.3
Signatures
A. All application
forms must be signed by the applicant, and the applicant's name must be clearly
printed near the signature. In cases where a power of attorney is exercised, a
notarized copy of the power of attorney must be attached to the
application.
B. In cases where the
property is owned or controlled by a person that is not an individual, the
application shall be signed as follows, and shall be accompanied by the titles
of all such signatories:
1. For a corporation,
company, fire district, association, club, non-profit agency or other entity
not specifically identified in § 9.8.3(B)(1) of this Part: by an officer
with legal authority to bind the appropriate entity;
2. For a partnership: by a general
partner;
3. For a municipal, State
or Federal government, or any division, subdivision or agency thereof: by
either a principal executive officer or by a ranking elected official. For
purposes of this section, a principal executive officer of a governmental
agency includes:
a. The chief executive
officer of the agency, or
b. A
senior executive officer having responsibility for the overall operations of a
principal organizational unit of the agency;
4. For an estate: by the executor/executrix
or administrator of the estate.
C. Applicants proposing projects on their own
property and within a jurisdictional area either partially or wholly on
property owned or controlled by others must obtain written notarized
authorization from the landowner of the property within which the
jurisdictional area will be directly altered as a result of a proposed project.
Such written, notarized authorizations must be provided to the CRMC as part of
the application package and must expressly authorize the applicant to apply for
the proposed site alterations as depicted on the site plans submitted with the
application. The authorizing landowner does not become an "applicant' as
described in § 9.8.2(B) of this Part by granting such written notarized
authorization to an applicant.
D.
Written notarized authorization shall not be required for freshwater wetland
alterations associated with full or partial removal of a dam proposed for the
purpose of habitat improvement, restoration or dam safety. The surface water
(impounded) upstream of the dam must be considered a flowing body of water, and
not a pond, both prior to and after completion of the project. This exemption
applies subject to confirmation by the CRMC.
E. If the applicant is a government agency or
entity, the agency or entity must demonstrate that it:
1. Owns the property or holds an easement of
sufficient scope to cover the proposed project or activity; or
2. Has the requisite power of condemnation
with regard to the relevant area. In such cases, authorization from each
property owner who owns property containing jurisdictional area that will be
altered as a result of a proposed project or activity is not
required.
F. Any change
in property ownership during the processing of any application will require the
following:
1. The submission of a new
application form with the identity of the new owner and appropriate signatures;
and
2. A certified copy of the deed
of transfer for an application for a significant alteration under §
9.12 of this Part
only.
9.8.4
Site Plan Requirements
A. Site
plans must be submitted with the following application types:
1. Request to verify freshwater wetland edges
(§ 9.9.3 of this Part);
2.
Application for a freshwater wetlands general permit (§
9.10 of this
Part);
3. Application for a
freshwater wetlands permit (§
9.11 of this
Part);
4. Application for a
significant alteration (§
9.12 of this Part);
and
5. Application for permit
modification (§ 9.14.3 of this Part).
B. Site plans may be required for other
application types as specified in §§
9.9 through
9.14 of this Part.
C. The correct number of site plans required
by the application package must be provided at the time of submission. If
additional plans are required, the applicant will be informed and must submit
them.
D. All site plans must be
drawn to scale. The scale of all plans must be no smaller than one (1) inch =
one hundred (100) feet (1" = 100'); however, a larger scale is preferred (e.g.,
one (1) inch = forty (40) feet (1" = 40'). Where additional detail is required
to complete its evaluation, the CRMC may require larger scaled
details.
E. All site plans must be
at least eight and one half inches by eleven inches (8 1/2" x 11") in size but
no larger than twenty-four inches by thirty-six inches (24" x 36").
F. All site plans must contain a title block,
the original date of the plan, and the latest revision date of the plan if
applicable. The title block must include the name of the person or party
involved, the proposed project title, if any, the principal street or road
abutting the site, the tax assessor's plat and lot number(s), the city or town,
the name of the preparer, and the scale of the plan.
G. All site plans containing more than one
(1) sheet must be numbered consecutively (specifically: "page 1 of [total
number of sheets]," and so forth).
H. All site plans must contain a legend which
explains all markings or symbols.
I. All site plans must have all markings
permanently fixed. Site plans that are pieced together with tape or contain
markings of pen, pencil, crayon, markers or other items that can be changed or
altered at a later date are not acceptable. Blueline or blackline prints or
photocopies of originals are acceptable.
J. All site plans must, at a minimum, depict
the following:
1. Street(s) abutting the site
with fixed reference points, (e.g., utility poles and numbers, house and
number, and any other similar structures);
2. Distance and direction to nearest street
intersection;
3. Magnetic north
arrow;
4. Entire property boundary
outline and dimensions, which may be shown on a separate plan sheet;
5. Inset map showing location of site in the
community;
6. Any other fixed
referenced points or developed land including, but not limited to, stone walls,
buildings, fences, edges of fields/woods, trails, access roads, bare gravel or
paved areas, impervious surfaces, lawns and landscaped areas; and
7. Scale of plans.
K. All site plans indicating physical
features, distances, contour elevations, property lines, freshwater wetland
edges, or other information provided as baseline data must clearly note whether
such information was obtained by on-site survey, by aerial photogrammetry
sources, or by reproduction from other maps or plans. Site plan information
obtained from aerial photogrammetry sources or by reproduction from other plans
or maps must provide an estimate of the maximum possible horizontal or vertical
error between the information provided and the actual on-site conditions. Site
plans developed from on-site surveys must clearly note what class or standard
the survey meets.
L. All site plans
submitted with a request to verify freshwater wetland edges, an application for
a freshwater wetlands general permit, an application for a freshwater wetlands
permit or an application for a significant alteration must accurately depict
the edge of all freshwater wetlands, applicable buffer zones, and the limits of
other applicable jurisdictional area in accordance with § 9.8.5 of this
Part.
M. All site plans submitted
for review or approval of a proposed project shall include and depict the
following, where applicable:
1. Where changes
to grades are proposed, both current and proposed contour line elevations at
maximum intervals of two feet (2') and where no changes to grades are proposed,
include a notation which so indicates;
2. Profiles and cross sections drawn to
scale;
3. A labeled 'limit of
disturbance' that encloses all proposed temporary and permanent vegetative
clearing and surface or subsurface disturbance associated with the proposed
project;
4. All temporary and
permanent erosion and sediment controls;
5. All temporary and permanent stormwater,
flood protection and water quality management controls, and all best management
practices;
6. All proposed measures
to conduct, contain or otherwise control the movements of surface water,
groundwater, or stormwater flows; and the ultimate destination of such
flows;
7. Any and all construction
activities either above or below the earth's surface proposed to occur within a
jurisdictional area including the height of buildings;
8. Any additional specific requirements
contained in the application package checklist for proposed projects;
and
9. Any area within a buffer
zone that is to be created and maintained as buffer in accordance with §
9.7.1(B)(4) of this Part.
N. Each site plan sheet prepared by a
registered professional must bear the stamp of that professional, along with
the date and his or her signature. Site plans submitted for an application for
a significant alteration must bear the stamp and signature of a registered
professional engineer.
9.8.5
Freshwater Wetland Edge
Delineation and Related Requirements
A.
Depiction on site plans - All site plans must accurately depict the following
freshwater wetland edges, buffer zones, buffers and jurisdictional area as
follows:
1. The edge of any freshwater
wetlands relied on for depiction of associated buffer zones;
2. The edge and direction of flow of any
river, stream, area subject to flooding or area subject to storm
flowage;
3. The outer extent of any
applicable buffer zone;
4. The edge
and elevation of any flood plain and the limit of any floodway (Note: The CRMC
may grant an exception to this requirement when:
a. Pre-determined one hundred (100) year
flood elevations are not available from published sources including previous
engineering studies; and
b. When a
registered professional engineer provides clear and convincing documented
evidence that the project site is above any probable one hundred (100) year
flood elevation; and
5.
The outer extent of the jurisdictional area; and
6. The name of any surface or flowing water
body or any other freshwater wetland where applicable.
B. Delineation of freshwater wetland edges
shall be delineated on the property as follows:
1. The freshwater wetland edge shall be
flagged with sequentially numbered or lettered flags. Flags must be placed at
the freshwater wetland edge in sufficient numbers to clearly identify the edge.
The distance between flags must allow for adequate visibility from one (1) flag
to another;
2. The freshwater
wetland edge shall be surveyed and recorded on a site plan showing the
locations and numbers/letters of the flags corresponding with those flags at
the site.
3. Field delineation of
freshwater wetland edges may not be required in the following instances:
a. The freshwater wetland has well-defined
edges, provided that the edges are otherwise accurately located, depicted and
labeled on the site plans;
b. The
proposed project will be sited in an already disturbed area, and sufficient
fixed references are available to allow for on-site confirmation of freshwater
wetland edges (in such cases, depiction on site plans of approximate freshwater
wetland edges will be acceptable); or
c. The freshwater wetland is on adjacent or
nearby property, provided that the depiction of freshwater wetland edges on the
site plans submitted pursuant to this Rule is based on best available mapping
or other reliable information and sufficient fixed references are available to
allow for onsite confirmation.
4. Field delineation of the edges of rivers,
streams, areas subject to storm flowage, buffers, buffer zones, jurisdictional
area limits or floodplains, or the contiguous jurisdictional area that extends
outward from the edges of rivers, streams, drinking water supply reservoirs and
all other freshwater wetlands is not required.
C. Use of global position system (GPS)
technology to delineate freshwater wetland edges is permissible only if GPS
results are at least as accurate as a ground survey. The use of GPS must be so
noted on site plans, and the CRMC reserves the right to require a standard
ground survey.
9.8.6
Additional Site Work
A. To
facilitate site inspection by the CRMC, the applicant must perform site work to
clearly identify and label the following activities and features, as
applicable:
1. Property boundaries in or
adjacent to freshwater wetlands, if few or no fixed reference points are
available;
2. Freshwater wetland
edges, in accordance with §§ 9.8.5 and 9.21 of this Part, flagged for
verification or for review of a proposed project;
3. Periodic points of reference to the
proposed project;
4. The boundary
of the outermost limit of disturbance (e.g., filling, clearing, soil
disturbance);
5. Outlines of
proposed stormwater best management practices;
6. Subdivision lots and numbers;
7. Corner locations of proposed structures in
or adjacent to freshwater wetlands;
8. Corner locations of proposed septic
systems on proposed lots containing freshwater wetlands (staked and
labeled);
9. Center lines of
roadways, pipelines and utility lines, with station numbers indicated;
and
10. Centerlines of proposed
drainage channels.
9.8.7
Requirements Regarding Use of
Professionals
A. State or other law,
including these Rules, may require professionals to prepare site plans,
specifications, reports or other documents related to activities subject to
these Rules. The applicant, or the respondent in matters concerning enforcement
actions, is responsible for engaging or employing any and all such
professionals. Such licensed professionals shall affix their stamp, signature
and date of signing upon those plans, specifications, documents, or portions
thereof, for which they are responsible.
B. When a registered professional engineer is
engaged, all engineering work that applies to the project application (e.g.,
drainage calculations and drainage narrative) must be stamped by the engineer;
and the engineer shall be registered in the State of Rhode Island.
C. These Rules require, or provide the CRMC
with discretion to require, the use of a registered professional engineer in
the following instances:
1. Pursuant to R.I.
Gen. Laws §
2-1-22, site plans submitted for an
application for a significant alteration must bear the stamp and signature of a
registered professional engineer.
2. The flood plain edge must be established
by a registered professional engineer if one hundred (100) year flood plain
data are unavailable from the Federal Emergency Management Agency
(FEMA).
3. Where pre-determined one
hundred (100) year flood elevations are unavailable, the applicant must provide
clear and convincing documented evidence prepared by a registered professional
engineer that the project site is above any probable one hundred (100) year
flood elevation.
4. With regard to
an application to alter a freshwater wetland, the CRMC may require written
certification from a registered professional engineer attesting to the
completion of all engineered portions of the project that are described or
referred to in the permit and on the approved site plans.
D. As further described in guidance documents
available from the CRMC, applicants are strongly advised to retain the services
of qualified professionals with the educational background and experience
necessary to perform the following tasks:
1.
Identification and delineation of freshwater wetland edges (§§ 9.8.5
and 9.21) of this Part; and
2.
Evaluation of freshwater wetland functions, values, and impacts (§
9.12.2(A)(4) of this Part.
E. When a permit condition requires a
certification that a proposed project was constructed in accordance with the
approved site plans or all terms and conditions of a permit, or both, then that
certification must be prepared and submitted by an appropriate licensed
professional.
F. Professionals who
have prepared assessments, evaluations, recommendations, or reports on behalf
of an applicant or respondent in matters involving enforcement of these Rules
shall be identified in the applicant or respondent filings.
9.8.8
General Fee
Requirement
A. The applicant must pay
all required fees to the CRMC in full at the time the applicant submits any
application or request for hearing.
B. The fees for proposed projects and
activities are set forth in the fee schedule under § 9.8.9 of this
Part.
C. Unless specified in the
fee schedule, fees submitted to the CRMC are not refundable once the technical
review of the application has commenced; however, for the original applicant
only, the CRMC will apply fifty percent (50%) of the fee submitted for an
application for a freshwater wetlands permit to the cost of a new application
for the project, if:
1. A determination of a
significant alteration is issued and the original applicant subsequently files
an application for a significant alteration for the proposed project within six
(6) months of the date the significant alteration determination was issued by
the CRMC; or
2. A determination of
a significant alteration is issued with recommendations to prevent such an
alteration, and the original applicant files a second
(2nd) application for a freshwater wetlands permit
that incorporates the recommendations, within six (6) months of the date of
issue by the CRMC of the original determination.
D. All fees must be paid by check or money
order made payable to the Rhode Island General Treasurer.
E. No application fees pursuant to these
Rules are required for projects where the CRMC or a municipality is the
applicant, or for an application for emergency alterations under § 9.14.1
of this Part.
9.8.9
Fee Schedule
A. Table 2:
Freshwater wetland application fees:
|
Application type |
Lot size |
Fee |
|
1. Determine the presence of jurisdictional area: |
0 - 5 acres |
$150.00 |
|
>5 - 20 acres |
$250.00 |
|
|
>20 acres |
$500.00 |
|
|
2. Verify freshwater wetland edges: |
0 - 5 acres |
$300.00 |
|
>5 - 20 acres |
$600.00 |
|
|
>20 acres |
$1,000.00 |
|
|
3. Regulatory applicability |
$150.00 |
|
|
4. Freshwater wetlands general permit |
$150.00 |
|
|
5. Freshwater wetlands permit and significant alteration |
See project types below |
|
|
6. Permit transfer |
$100.00 |
|
|
7. Permit modification |
$150.00 |
|
|
8. Permit renewal |
$200.00 |
|
|
9. Variance (Project types below with an * do not require a variance fee) |
Permit fee plus $500.00 |
|
B.
Table 3: Applications fees for various project types
|
Project type |
Lot size / Number of lots |
Application for freshwater wetlands permit fee |
Application for significant alteration fee |
|
1. Projects associated with existing single-family lot |
$200.00 |
$400.00 |
|
|
2. Construction of new single-family lot |
$450.00 |
$900.00 |
|
|
3. Projects associated with existing non-single family, not miscellaneous below |
0 - 5 acres |
$300.00 |
$600.00 |
|
>5 - 20 acres |
$1,000.00 |
$2,000.00 |
|
|
>20 acres |
$2,000.00 |
$4,000.00 |
|
|
4. Construction of new non-single family, not miscellaneous below |
0 - 5 acres |
$500.00 |
$1,000.00 |
|
>5 - 20 acres |
$1,500.00 |
$3,000.00 |
|
|
>20 acres |
$3,000.00 |
$6,000.00 |
|
|
5. New subdivisions |
1-9 lots |
$250.00 per lot |
$500.00 per lot |
|
10 or more lots |
$2,500.00 plus $200.00 per lot |
$5,000.00 plus $400.00 per lot |
|
|
6. The maximum total fee for any subdivision is: |
$10,500.00 |
$15,000.00 |
|
C.
Table 4. Application fees for miscellaneous project types
|
Miscellaneous project type |
App. for wetlands permit fee |
App. for significant alteration fee |
||
|
* |
1. Individual docks, floats |
$100.00 |
$300.00 |
|
|
* |
2. Wildlife habitat project or water quality improvement project |
|||
|
* |
3. Dry hydrants |
|||
|
* |
4. Freshwater wetland restoration project |
|||
|
* |
5. Aquatic plant control project |
|||
|
6. Land redevelopment/reuse project limited to conversion of sand and gravel banks, mill sites, abandoned commercial/industrial property to public recreation facilities |
$300.00 |
$750.00 |
||
|
7. Rehabilitation of existing parks or recreational areas |
||||
|
* |
8. Multiple docks, floats or individual boat launches |
|||
|
9. Pedestrian trails, paths, foot bridges |
||||
|
10. Irrigation projects, sub-drains |
||||
|
* |
11. Relocation/channelization of an area subject to storm flowage |
|||
|
* |
12. Dam repair, alteration or removal projects |
|||
|
13. Wells other than for single family house lots |
$600.00 |
$2,000.00 |
||
|
14. New pond construction |
||||
|
* |
15. Dredging existing ponds |
|||
|
16. New or replacement drainage structures/facilities, e.g., culverts |
||||
|
17. New access drive and roadways |
||||
|
* |
18. Construction of all new dams |
$1,000.00 |
$2,000.00 |
|
|
19. New parks or recreational areas |
$1,000.00 |
$2,500.00 |
||
|
20. Land clearing and/or grading operations |
||||
|
21. Industrial processing/cooling, alternative energy project |
||||
|
22. Bike paths |
||||
|
* |
23. River or stream relocation/channelization |
|||
|
24. Surface mining, e.g. gravel quarry |
$5,000.00 |
$10,000.00 |
||
|
25. New golf course |
||||
|
26. Road, bridge, railway, airport facility |
a. Reconstruction |
$2,000.00 |
$4,000.00 |
|
|
b. New construction |
$5,000.00 |
$10,000.00 |
||
|
27. Utility installation, and transmission lines |
a. Reconstruction |
$2,000.00 |
$4,000.00 |
|
|
b. New construction |
$5,000.00 |
$10,000.00 |
||
|
28. Other new projects not listed above |
$1,200.00 |
$4,000.00 |
||
9.8.10
Application Coordination
A. Pre-application and other meetings. Any
person may request a meeting with CRMC staff to discuss regulatory procedures
and requirements consistent with guidelines established by the CRMC, including
the CRMC pre-application meetings form.
1. The
CRMC will allow fifteen (15) days for the municipality to provide written
comment to the CRMC on any such application for a freshwater wetland permit. An
application for a significant alteration shall follow procedures described in
§
9.12 of
this Part.
B.
Coordination with the DEM's Onsite Wastewater Treatment System (OWTS) Program.
The CRMC reserves the right to require that applications for the same proposed
project be submitted concurrently to the DEM OWTS Program to enable the CRMC to
undertake a joint review.
C.
Application processing The CRMC will process completed applications generally
in the order in which properly completed initial application materials are
received by the CRMC, except where potential competing demands of State and
CRMC priorities dictate otherwise, including, but not limited to, those
applications submitted in accordance with R.I. Gen. Laws Chapter
42-117.
D. Only those applications
that are determined to be complete in accordance with these Rules and are
accompanied by the proper fee will be processed by the CRMC.
E. Written response. All CRMC decisions,
determinations or authorizations, with the exception of responses to requests
for emergency alterations under § 9.14.1 of this Part, will be issued in
writing and signed by the CRMC.
G.
Any determination, verification or permit issued by the CRMC pursuant to any
application involving freshwater wetlands does not obviate the need for the
applicant to obtain any and all other necessary permits, and for the applicant
and project to comply with all other applicable Federal, State and local laws,
Regulations and ordinances.
9.8.11
Coordination with
Municipalities
A. Applicants for major
land development or major subdivision projects, as defined in R.I. Gen. Laws
§
45-23-32, must submit, at the time
the application is filed with the CRMC, one (1) of the following:
1. Local master plan approval; or
2. Local conditional approval of a combined
master and preliminary plan; or
3.
A letter from an authorized municipal official (the administrative officer)
certifying compliance with local low impact development site planning and
design requirements as contained within the local zoning ordinance, land
development and subdivision Regulations, or other pertinent
Regulations.
B. Those
municipalities that want to receive notification of applications for freshwater
wetland permits that are filed with the CRMC for projects that are within the
municipality's boundaries shall provide the CRMC the names and email addresses
of two municipal staff contact persons designated to receive such notification.
The municipality shall update the contact names and email addresses with the
CRMC as applicable.
C. The CRMC
shall notify those municipal contact persons of the receipt of such
applications for projects that are proposed within its boundaries.
D. The CRMC will allow fifteen (15) days for
the municipality to provide written comment to the CRMC on any such application
for a freshwater wetland permit. An application for a significant alteration
shall follow procedures described in § 9.12.4 of this
Part.
9.8.12
Suspension of Application Process
A. In any of the following circumstances, the
CRMC may at its discretion suspend the processing of an application, provided
that it advises the applicant in writing and, where appropriate, it conducts an
investigation of the matter alleged in any of the following circumstances:
1. Where the property with respect to which
an application has been submitted is alleged to contain unauthorized
alterations of a jurisdictional area, discovered either during the review of an
application or during investigation of a complaint.
2. Where the property with respect to which
an application has been submitted is the subject of any unresolved violation of
the Rules, or which is the subject of any non-compliance with a CRMC,
administrative, or judicial consent agreement, order of the Council, or
judgment, or where the property subject to unauthorized alterations is not
restored to the satisfaction of the CRMC.
3. Where information provided on the
application form or in support of the application is misleading, false,
erroneous or inconsistent with these Rules, incomplete or non-responsive to
deficiencies identified by the CRMC.
9.8.13
Recording of Permits
A. Whenever required by the terms and
conditions of any permit or revised permit issued by the CRMC, the applicant
shall record the permit or revised permit at his or her own expense in the land
evidence records of the municipality or municipalities in which the property
subject to the permit lies.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
§ 9.8 of this Part describes general application requirements and provisions applicable to all application types unless otherwise specified herein. Additional requirements for each application type are described within §§ 9.9 through 9.14 of this Part.
9.8.1 Application Types
A. These Rules provide for the following types of applications:
1. Request to determine the presence of jurisdictional area: This application may be submitted to request that the CRMC determine whether a regulated freshwater wetland or other jurisdictional area is present on the applicant's property (see § 9.9.2 of this Part). The CRMC is the sole authority to determine which areas are deemed freshwater wetlands, buffers, floodplains, areas subject to storm flowage or areas subject to flooding.
2. Request to verify freshwater wetland edges: This application may be submitted to request that the CRMC confirm the freshwater wetland edge(s) delineated by the applicant and, if in substantial agreement with the documentation provided, confirm the presence of the identified freshwater wetlands and their delineated edges (see § 9.9.3 of this Part). Furthermore, the CRMC will identify the type(s) of freshwater wetland(s) verified with the applicable buffer zones and associated jurisdictional area.
3. Request for regulatory applicability: This application may be submitted to request that the CRMC make a determination as to whether a proposed project does or does not require a permit (See § 9.9.4 of this Part).
4. Application for a freshwater wetlands general permit: This application may be submitted to seek approval for a proposed project that meets all of the eligibility requirements of a freshwater wetland general permit as specified in § 9.10 of this Part.
5. Application for a freshwater wetlands permit (See § 9.11 of this Part).
a. The freshwater wetlands permit decision serves as the preliminary determination pursuant to R.I. Gen. Laws § 2-1-22(a).
b. Unless a proposed project or activity is exempt under § 9.6 of this Part or is eligible for approval for a freshwater wetlands general permit under § 9.10 of this Part, this application must be submitted for a project within a jurisdictional area or that requires approval from the CRMC pursuant to § 9.5 of this Part.
c. For a project that does not meet all of the standards specified in § 9.7.1 of this Part, a request for a variance to the standards in accordance to § 9.7.3 of this Part must be submitted with the application for a freshwater wetland permit.
6. Application for a significant alteration: This application must be submitted to obtain a permit for a proposed project that will, or is likely to, result in a significant alteration of a freshwater wetland, buffer or floodplain (See § 9.12 of this Part).
7. Application for emergency alteration: This application must be submitted either by the owner of the property or an appropriate official, orally or in writing, to request a permit for an emergency alteration in the event that public health or safety is at imminent risk (See § 9.14.1 of this Part).
8. Application for permit renewal: This application must be submitted to renew a previously granted freshwater wetland permit (See § 9.14.2 of this Part).
9. Application for permit modification: This application must be submitted to request approval of a minor modification to a previously permitted project (See § 9.14.3 of this Part).
10. Application for permit transfer: This application may be submitted to request the transfer of a valid permit to a new property owner (See § 9.14.4 of this Part).
11. Application relating to farmers: This application must be submitted directly to the DEM Division of Agriculture for a determination as to whether the project represents an insignificant or a significant alteration in accordance with § 9.13 of this Part.
9.8.2 Application Forms and Their Submission
A. What to submit: It is the responsibility of each applicant to submit a completed application package, including originals of all applicable forms and any additional supporting information required by the CRMC as specified in §§ 9.8 through 9.14 of this Part. The application must be accompanied by full payment of any applicable fee set forth in §§ 9.8.8 and 9.8.9 of this Part.
B. Who may submit: The applicant must be the owner or owners of the property or easement that is the subject of the application, or it must be the government agency or entity with power of condemnation over such property or easement.
C. Notification of applicant and agents: The CRMC will mail notices and other written communications regarding the application to the applicant and to the applicant's attorney, agent or other representative if, at the time the application is filed, the applicant so informs the CRMC in writing of his or her name and mailing or e-mail address.
9.8.3 Signatures
A. All application forms must be signed by the applicant, and the applicant's name must be clearly printed near the signature. In cases where a power of attorney is exercised, a notarized copy of the power of attorney must be attached to the application.
B. In cases where the property is owned or controlled by a person that is not an individual, the application shall be signed as follows, and shall be accompanied by the titles of all such signatories:
1. For a corporation, company, fire district, association, club, non-profit agency or other entity not specifically identified in § 9.8.3(B)(1) of this Part: by an officer with legal authority to bind the appropriate entity;
2. For a partnership: by a general partner;
3. For a municipal, State or Federal government, or any division, subdivision or agency thereof: by either a principal executive officer or by a ranking elected official. For purposes of this section, a principal executive officer of a governmental agency includes:
a. The chief executive officer of the agency, or
b. A senior executive officer having responsibility for the overall operations of a principal organizational unit of the agency;
4. For an estate: by the executor/executrix or administrator of the estate.
C. Applicants proposing projects on their own property and within a jurisdictional area either partially or wholly on property owned or controlled by others must obtain written notarized authorization from the landowner of the property within which the jurisdictional area will be directly altered as a result of a proposed project. Such written, notarized authorizations must be provided to the CRMC as part of the application package and must expressly authorize the applicant to apply for the proposed site alterations as depicted on the site plans submitted with the application. The authorizing landowner does not become an "applicant' as described in § 9.8.2(B) of this Part by granting such written notarized authorization to an applicant.
D. Written notarized authorization shall not be required for freshwater wetland alterations associated with full or partial removal of a dam proposed for the purpose of habitat improvement, restoration or dam safety. The surface water (impounded) upstream of the dam must be considered a flowing body of water, and not a pond, both prior to and after completion of the project. This exemption applies subject to confirmation by the CRMC.
E. If the applicant is a government agency or entity, the agency or entity must demonstrate that it:
1. Owns the property or holds an easement of sufficient scope to cover the proposed project or activity; or
2. Has the requisite power of condemnation with regard to the relevant area. In such cases, authorization from each property owner who owns property containing jurisdictional area that will be altered as a result of a proposed project or activity is not required.
F. Any change in property ownership during the processing of any application will require the following:
1. The submission of a new application form with the identity of the new owner and appropriate signatures; and
2. A certified copy of the deed of transfer for an application for a significant alteration under § 9.12 of this Part only.
9.8.4 Site Plan Requirements
A. Site plans must be submitted with the following application types:
1. Request to verify freshwater wetland edges (§ 9.9.3 of this Part);
2. Application for a freshwater wetlands general permit (§ 9.10 of this Part);
3. Application for a freshwater wetlands permit (§ 9.11 of this Part);
4. Application for a significant alteration (§ 9.12 of this Part); and
5. Application for permit modification (§ 9.14.3 of this Part).
B. Site plans may be required for other application types as specified in §§ 9.9 through 9.14 of this Part.
C. The correct number of site plans required by the application package must be provided at the time of submission. If additional plans are required, the applicant will be informed and must submit them.
D. All site plans must be drawn to scale. The scale of all plans must be no smaller than one (1) inch = one hundred (100) feet (1" = 100'); however, a larger scale is preferred (e.g., one (1) inch = forty (40) feet (1" = 40'). Where additional detail is required to complete its evaluation, the CRMC may require larger scaled details.
E. All site plans must be at least eight and one half inches by eleven inches (8 1/2" x 11") in size but no larger than twenty-four inches by thirty-six inches (24" x 36").
F. All site plans must contain a title block, the original date of the plan, and the latest revision date of the plan if applicable. The title block must include the name of the person or party involved, the proposed project title, if any, the principal street or road abutting the site, the tax assessor's plat and lot number(s), the city or town, the name of the preparer, and the scale of the plan.
G. All site plans containing more than one (1) sheet must be numbered consecutively (specifically: "page 1 of [total number of sheets]," and so forth).
H. All site plans must contain a legend which explains all markings or symbols.
I. All site plans must have all markings permanently fixed. Site plans that are pieced together with tape or contain markings of pen, pencil, crayon, markers or other items that can be changed or altered at a later date are not acceptable. Blueline or blackline prints or photocopies of originals are acceptable.
J. All site plans must, at a minimum, depict the following:
1. Street(s) abutting the site with fixed reference points, (e.g., utility poles and numbers, house and number, and any other similar structures);
2. Distance and direction to nearest street intersection;
3. Magnetic north arrow;
4. Entire property boundary outline and dimensions, which may be shown on a separate plan sheet;
5. Inset map showing location of site in the community;
6. Any other fixed referenced points or developed land including, but not limited to, stone walls, buildings, fences, edges of fields/woods, trails, access roads, bare gravel or paved areas, impervious surfaces, lawns and landscaped areas; and
7. Scale of plans.
K. All site plans indicating physical features, distances, contour elevations, property lines, freshwater wetland edges, or other information provided as baseline data must clearly note whether such information was obtained by on-site survey, by aerial photogrammetry sources, or by reproduction from other maps or plans. Site plan information obtained from aerial photogrammetry sources or by reproduction from other plans or maps must provide an estimate of the maximum possible horizontal or vertical error between the information provided and the actual on-site conditions. Site plans developed from on-site surveys must clearly note what class or standard the survey meets.
L. All site plans submitted with a request to verify freshwater wetland edges, an application for a freshwater wetlands general permit, an application for a freshwater wetlands permit or an application for a significant alteration must accurately depict the edge of all freshwater wetlands, applicable buffer zones, and the limits of other applicable jurisdictional area in accordance with § 9.8.5 of this Part.
M. All site plans submitted for review or approval of a proposed project shall include and depict the following, where applicable:
1. Where changes to grades are proposed, both current and proposed contour line elevations at maximum intervals of two feet (2') and where no changes to grades are proposed, include a notation which so indicates;
2. Profiles and cross sections drawn to scale;
3. A labeled 'limit of disturbance' that encloses all proposed temporary and permanent vegetative clearing and surface or subsurface disturbance associated with the proposed project;
4. All temporary and permanent erosion and sediment controls;
5. All temporary and permanent stormwater, flood protection and water quality management controls, and all best management practices;
6. All proposed measures to conduct, contain or otherwise control the movements of surface water, groundwater, or stormwater flows; and the ultimate destination of such flows;
7. Any and all construction activities either above or below the earth's surface proposed to occur within a jurisdictional area including the height of buildings;
8. Any additional specific requirements contained in the application package checklist for proposed projects; and
9. Any area within a buffer zone that is to be created and maintained as buffer in accordance with § 9.7.1(B)(4) of this Part.
N. Each site plan sheet prepared by a registered professional must bear the stamp of that professional, along with the date and his or her signature. Site plans submitted for an application for a significant alteration must bear the stamp and signature of a registered professional engineer.
9.8.5 Freshwater Wetland Edge Delineation and Related Requirements
A. Depiction on site plans - All site plans must accurately depict the following freshwater wetland edges, buffer zones, buffers and jurisdictional area as follows:
1. The edge of any freshwater wetlands relied on for depiction of associated buffer zones;
2. The edge and direction of flow of any river, stream, area subject to flooding or area subject to storm flowage;
3. The outer extent of any applicable buffer zone;
4. The edge and elevation of any flood plain and the limit of any floodway (Note: The CRMC may grant an exception to this requirement when:
a. Pre-determined one hundred (100) year flood elevations are not available from published sources including previous engineering studies; and
b. When a registered professional engineer provides clear and convincing documented evidence that the project site is above any probable one hundred (100) year flood elevation; and
5. The outer extent of the jurisdictional area; and
6. The name of any surface or flowing water body or any other freshwater wetland where applicable.
B. Delineation of freshwater wetland edges shall be delineated on the property as follows:
1. The freshwater wetland edge shall be flagged with sequentially numbered or lettered flags. Flags must be placed at the freshwater wetland edge in sufficient numbers to clearly identify the edge. The distance between flags must allow for adequate visibility from one (1) flag to another;
2. The freshwater wetland edge shall be surveyed and recorded on a site plan showing the locations and numbers/letters of the flags corresponding with those flags at the site.
3. Field delineation of freshwater wetland edges may not be required in the following instances:
a. The freshwater wetland has well-defined edges, provided that the edges are otherwise accurately located, depicted and labeled on the site plans;
b. The proposed project will be sited in an already disturbed area, and sufficient fixed references are available to allow for on-site confirmation of freshwater wetland edges (in such cases, depiction on site plans of approximate freshwater wetland edges will be acceptable); or
c. The freshwater wetland is on adjacent or nearby property, provided that the depiction of freshwater wetland edges on the site plans submitted pursuant to this Rule is based on best available mapping or other reliable information and sufficient fixed references are available to allow for onsite confirmation.
4. Field delineation of the edges of rivers, streams, areas subject to storm flowage, buffers, buffer zones, jurisdictional area limits or floodplains, or the contiguous jurisdictional area that extends outward from the edges of rivers, streams, drinking water supply reservoirs and all other freshwater wetlands is not required.
C. Use of global position system (GPS) technology to delineate freshwater wetland edges is permissible only if GPS results are at least as accurate as a ground survey. The use of GPS must be so noted on site plans, and the CRMC reserves the right to require a standard ground survey.
9.8.6 Additional Site Work
A. To facilitate site inspection by the CRMC, the applicant must perform site work to clearly identify and label the following activities and features, as applicable:
1. Property boundaries in or adjacent to freshwater wetlands, if few or no fixed reference points are available;
2. Freshwater wetland edges, in accordance with §§ 9.8.5 and 9.21 of this Part, flagged for verification or for review of a proposed project;
3. Periodic points of reference to the proposed project;
4. The boundary of the outermost limit of disturbance (e.g., filling, clearing, soil disturbance);
5. Outlines of proposed stormwater best management practices;
6. Subdivision lots and numbers;
7. Corner locations of proposed structures in or adjacent to freshwater wetlands;
8. Corner locations of proposed septic systems on proposed lots containing freshwater wetlands (staked and labeled);
9. Center lines of roadways, pipelines and utility lines, with station numbers indicated; and
10. Centerlines of proposed drainage channels.
9.8.7 Requirements Regarding Use of Professionals
A. State or other law, including these Rules, may require professionals to prepare site plans, specifications, reports or other documents related to activities subject to these Rules. The applicant, or the respondent in matters concerning enforcement actions, is responsible for engaging or employing any and all such professionals. Such licensed professionals shall affix their stamp, signature and date of signing upon those plans, specifications, documents, or portions thereof, for which they are responsible.
B. When a registered professional engineer is engaged, all engineering work that applies to the project application (e.g., drainage calculations and drainage narrative) must be stamped by the engineer; and the engineer shall be registered in the State of Rhode Island.
C. These Rules require, or provide the CRMC with discretion to require, the use of a registered professional engineer in the following instances:
1. Pursuant to R.I. Gen. Laws § 2-1-22, site plans submitted for an application for a significant alteration must bear the stamp and signature of a registered professional engineer.
2. The flood plain edge must be established by a registered professional engineer if one hundred (100) year flood plain data are unavailable from the Federal Emergency Management Agency (FEMA).
3. Where pre-determined one hundred (100) year flood elevations are unavailable, the applicant must provide clear and convincing documented evidence prepared by a registered professional engineer that the project site is above any probable one hundred (100) year flood elevation.
4. With regard to an application to alter a freshwater wetland, the CRMC may require written certification from a registered professional engineer attesting to the completion of all engineered portions of the project that are described or referred to in the permit and on the approved site plans.
D. As further described in guidance documents available from the CRMC, applicants are strongly advised to retain the services of qualified professionals with the educational background and experience necessary to perform the following tasks:
1. Identification and delineation of freshwater wetland edges (§§ 9.8.5 and 9.21) of this Part; and
2. Evaluation of freshwater wetland functions, values, and impacts (§ 9.12.2(A)(4) of this Part.
E. When a permit condition requires a certification that a proposed project was constructed in accordance with the approved site plans or all terms and conditions of a permit, or both, then that certification must be prepared and submitted by an appropriate licensed professional.
F. Professionals who have prepared assessments, evaluations, recommendations, or reports on behalf of an applicant or respondent in matters involving enforcement of these Rules shall be identified in the applicant or respondent filings.
9.8.8 General Fee Requirement
A. The applicant must pay all required fees to the CRMC in full at the time the applicant submits any application or request for hearing.
B. The fees for proposed projects and activities are set forth in the fee schedule under § 9.8.9 of this Part.
C. Unless specified in the fee schedule, fees submitted to the CRMC are not refundable once the technical review of the application has commenced; however, for the original applicant only, the CRMC will apply fifty percent (50%) of the fee submitted for an application for a freshwater wetlands permit to the cost of a new application for the project, if:
1. A determination of a significant alteration is issued and the original applicant subsequently files an application for a significant alteration for the proposed project within six (6) months of the date the significant alteration determination was issued by the CRMC; or
2. A determination of a significant alteration is issued with recommendations to prevent such an alteration, and the original applicant files a second (2nd) application for a freshwater wetlands permit that incorporates the recommendations, within six (6) months of the date of issue by the CRMC of the original determination.
D. All fees must be paid by check or money order made payable to the Rhode Island General Treasurer.
E. No application fees pursuant to these Rules are required for projects where the CRMC or a municipality is the applicant, or for an application for emergency alterations under § 9.14.1 of this Part.
9.8.9 Fee Schedule
A. Table 2: Freshwater wetland application fees:
| Application type | Lot size | Fee |
| 1. Determine the presence of jurisdictional area: | 0 - 5 acres | $150.00 |
| >5 - 20 acres | $250.00 | |
| >20 acres | $500.00 | |
| 2. Verify freshwater wetland edges: | 0 - 5 acres | $300.00 |
| >5 - 20 acres | $600.00 | |
| >20 acres | $1,000.00 | |
| 3. Regulatory applicability | $150.00 | |
| 4. Freshwater wetlands general permit | $150.00 | |
| 5. Freshwater wetlands permit and significant alteration | See project types below | |
| 6. Permit transfer | $100.00 | |
| 7. Permit modification | $150.00 | |
| 8. Permit renewal | $200.00 | |
| 9. Variance (Project types below with an * do not require a variance fee) | Permit fee plus $500.00 | |
B. Table 3: Applications fees for various project types
| Project type | Lot size / Number of lots | Application for freshwater wetlands permit fee | Application for significant alteration fee |
| 1. Projects associated with existing single-family lot | $200.00 | $400.00 | |
| 2. Construction of new single-family lot | $450.00 | $900.00 | |
| 3. Projects associated with existing non-single family, not miscellaneous below | 0 - 5 acres | $300.00 | $600.00 |
| >5 - 20 acres | $1,000.00 | $2,000.00 | |
| >20 acres | $2,000.00 | $4,000.00 | |
| 4. Construction of new non-single family, not miscellaneous below | 0 - 5 acres | $500.00 | $1,000.00 |
| >5 - 20 acres | $1,500.00 | $3,000.00 | |
| >20 acres | $3,000.00 | $6,000.00 | |
| 5. New subdivisions | 1-9 lots | $250.00 per lot | $500.00 per lot |
| 10 or more lots | $2,500.00 plus $200.00 per lot | $5,000.00 plus $400.00 per lot | |
| 6. The maximum total fee for any subdivision is: | $10,500.00 | $15,000.00 | |
C. Table 4. Application fees for miscellaneous project types
| Miscellaneous project type | App. for wetlands permit fee | App. for significant alteration fee | ||
| * | 1. Individual docks, floats | $100.00 | $300.00 | |
| * | 2. Wildlife habitat project or water quality improvement project | |||
| * | 3. Dry hydrants | |||
| * | 4. Freshwater wetland restoration project | |||
| * | 5. Aquatic plant control project | |||
| 6. Land redevelopment/reuse project limited to conversion of sand and gravel banks, mill sites, abandoned commercial/industrial property to public recreation facilities | $300.00 | $750.00 | ||
| 7. Rehabilitation of existing parks or recreational areas | ||||
| * | 8. Multiple docks, floats or individual boat launches | |||
| 9. Pedestrian trails, paths, foot bridges | ||||
| 10. Irrigation projects, sub-drains | ||||
| * | 11. Relocation/channelization of an area subject to storm flowage | |||
| * | 12. Dam repair, alteration or removal projects | |||
| 13. Wells other than for single family house lots | $600.00 | $2,000.00 | ||
| 14. New pond construction | ||||
| * | 15. Dredging existing ponds | |||
| 16. New or replacement drainage structures/facilities, e.g., culverts | ||||
| 17. New access drive and roadways | ||||
| * | 18. Construction of all new dams | $1,000.00 | $2,000.00 | |
| 19. New parks or recreational areas | $1,000.00 | $2,500.00 | ||
| 20. Land clearing and/or grading operations | ||||
| 21. Industrial processing/cooling, alternative energy project | ||||
| 22. Bike paths | ||||
| * | 23. River or stream relocation/channelization | |||
| 24. Surface mining, e.g. gravel quarry | $5,000.00 | $10,000.00 | ||
| 25. New golf course | ||||
| 26. Road, bridge, railway, airport facility | a. Reconstruction | $2,000.00 | $4,000.00 | |
| b. New construction | $5,000.00 | $10,000.00 | ||
| 27. Utility installation, and transmission lines | a. Reconstruction | $2,000.00 | $4,000.00 | |
| b. New construction | $5,000.00 | $10,000.00 | ||
| 28. Other new projects not listed above | $1,200.00 | $4,000.00 | ||
9.8.10 Application Coordination
A. Pre-application and other meetings. Any person may request a meeting with CRMC staff to discuss regulatory procedures and requirements consistent with guidelines established by the CRMC, including the CRMC pre-application meetings form.
1. The CRMC will allow fifteen (15) days for the municipality to provide written comment to the CRMC on any such application for a freshwater wetland permit. An application for a significant alteration shall follow procedures described in § 9.12 of this Part.
B. Coordination with the DEM's Onsite Wastewater Treatment System (OWTS) Program. The CRMC reserves the right to require that applications for the same proposed project be submitted concurrently to the DEM OWTS Program to enable the CRMC to undertake a joint review.
C. Application processing The CRMC will process completed applications generally in the order in which properly completed initial application materials are received by the CRMC, except where potential competing demands of State and CRMC priorities dictate otherwise, including, but not limited to, those applications submitted in accordance with R.I. Gen. Laws Chapter 42-117.
D. Only those applications that are determined to be complete in accordance with these Rules and are accompanied by the proper fee will be processed by the CRMC.
E. Written response. All CRMC decisions, determinations or authorizations, with the exception of responses to requests for emergency alterations under § 9.14.1 of this Part, will be issued in writing and signed by the CRMC.
G. Any determination, verification or permit issued by the CRMC pursuant to any application involving freshwater wetlands does not obviate the need for the applicant to obtain any and all other necessary permits, and for the applicant and project to comply with all other applicable Federal, State and local laws, Regulations and ordinances.
9.8.11 Coordination with Municipalities
A. Applicants for major land development or major subdivision projects, as defined in R.I. Gen. Laws § 45-23-32, must submit, at the time the application is filed with the CRMC, one (1) of the following:
1. Local master plan approval; or
2. Local conditional approval of a combined master and preliminary plan; or
3. A letter from an authorized municipal official (the administrative officer) certifying compliance with local low impact development site planning and design requirements as contained within the local zoning ordinance, land development and subdivision Regulations, or other pertinent Regulations.
B. Those municipalities that want to receive notification of applications for freshwater wetland permits that are filed with the CRMC for projects that are within the municipality's boundaries shall provide the CRMC the names and email addresses of two municipal staff contact persons designated to receive such notification. The municipality shall update the contact names and email addresses with the CRMC as applicable.
C. The CRMC shall notify those municipal contact persons of the receipt of such applications for projects that are proposed within its boundaries.
D. The CRMC will allow fifteen (15) days for the municipality to provide written comment to the CRMC on any such application for a freshwater wetland permit. An application for a significant alteration shall follow procedures described in § 9.12.4 of this Part.
9.8.12 Suspension of Application Process
A. In any of the following circumstances, the CRMC may at its discretion suspend the processing of an application, provided that it advises the applicant in writing and, where appropriate, it conducts an investigation of the matter alleged in any of the following circumstances:
1. Where the property with respect to which an application has been submitted is alleged to contain unauthorized alterations of a jurisdictional area, discovered either during the review of an application or during investigation of a complaint.
2. Where the property with respect to which an application has been submitted is the subject of any unresolved violation of the Rules, or which is the subject of any non-compliance with a CRMC, administrative, or judicial consent agreement, order of the Council, or judgment, or where the property subject to unauthorized alterations is not restored to the satisfaction of the CRMC.
3. Where information provided on the application form or in support of the application is misleading, false, erroneous or inconsistent with these Rules, incomplete or non-responsive to deficiencies identified by the CRMC.
9.8.13 Recording of Permits
A. Whenever required by the terms and conditions of any permit or revised permit issued by the CRMC, the applicant shall record the permit or revised permit at his or her own expense in the land evidence records of the municipality or municipalities in which the property subject to the permit lies.