Rhode Island Statewide Rule
Rhode Island Soil Erosion And Sediment Control Statewide Standards
Key Facts
- Statute
- RIGL Chapter 45-46
- Handbook
- RI Erosion BMPs
- Local Role
- Plan review enforcement
- Standard Floor
- Statewide BMPs
Summary
Rhode Island requires erosion and sediment control on land-disturbing activities under RIGL Chapter 45-46 and the RI Soil Erosion and Sediment Control Handbook, with statewide standards that municipalities enforce.
§ 45-46-5. Model ordinance — Soil erosion and sediment control. ARTICLE I Section 1. Purpose. (a) The (city or town) council finds that excessive quantities of soil are eroding from certain areas that are undergoing development for non agricultural uses such as housing developments, industrial areas, recreational facilities, and roads. This erosion makes necessary costly repairs to gullies, washed out fills, roads, and embankments. The resulting sediment clogs the storm sewers and road ditches, muddies streams, leaves deposits of silt in ponds and reservoirs, and is considered a major water pollutant. (b) The purpose of this ordinance is to prevent soil erosion and sedimentation from occurring as a result of non agricultural development within the city or town by requiring proper provisions for water disposal, and the protection of soil surfaces during and after construction, in order to promote the safety, public health, and general welfare of the city or town. ARTICLE II Section 1. Applicability. This ordinance is applicable to any situation involving any disturbance to the terrain, topsoil or vegetative ground cover upon any property within the city or town of ____ after determination of applicability by the building official or his or her designee based upon criteria outlined in article III. Compliance with the requirements as described in this ordinance shall not be construed to relieve the owner/applicant of any obligations to obtain necessary state or federal permits.
Full Breakdown
Under RIGL Chapter 45-46 (Soil Erosion and Sediment Control), all land-disturbing activities must implement best management practices conforming to the RI Soil Erosion and Sediment Control Handbook published by DEM and the RI Conservation Districts. Cities and towns review and approve plans for projects under their jurisdiction, but must apply the statewide BMPs as a floor. CRMC jurisdiction projects are governed by parallel CRMC erosion rules under RIGL 46-23. Compliance is required before grading or building permits issue.
Violations & Penalties
Failure to implement required erosion controls can trigger municipal stop-work orders, DEM enforcement, and civil penalties under RIGL 45-46-3 and 46-12-13.
Frequently Asked Questions
When do I need an erosion control plan in Rhode Island?
Who enforces erosion rules: the state or my city?
Sources
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