Rhode Island General Laws 2-1-23. Violations
In the event of a violation of § 2-1-21, the director of environmental management has the power to order complete restoration of the freshwater wetland, buffer, floodplain, or other jurisdictional area involved by the person or agent responsible for the violation. If the responsible person or agent does not complete the restoration within a reasonable time following the order of the director of the department of environmental management, the director has the authority to order the work done by an agent of the director’s choosing and the person or agent responsible for the original violation is liable for the cost of the restoration. The violator is liable for a fine not exceeding five thousand dollars ($5,000) for each violation, except that if the violator knowingly or recklessly alters a freshwater wetland, buffer, floodplain or other jurisdictional area without a permit or approval from the director; knowingly or recklessly alters a freshwater wetland, buffer, floodplain or other jurisdictional area in violation of the rules or regulations promulgated by the director; or alters a freshwater wetland, buffer, floodplain or other jurisdictional area in violation of a permit issued by the director, then the violator is liable for a fine not exceeding ten thousand dollars ($10,000) for each violation.
History of Section.
G.L. 1956, § 2-1-23; P.L. 1974, ch. 197, § 2; P.L. 2004, ch. 429, § 1; P.L. 2015, ch. 218, § 1.
Terms Used In Rhode Island General Laws 2-1-23
- Buffer: means an area of undeveloped vegetated land adjacent to a freshwater wetland that is to be retained in its natural undisturbed condition, or is to be created to resemble a naturally occurring vegetated area. See Rhode Island General Laws 2-1-20
- Department: means the department of environmental management (DEM). See Rhode Island General Laws 2-1-20
- Director: means the director of the department of environmental management or his or her duly authorized agent or agents. See Rhode Island General Laws 2-1-20
- Floodplain: means that land area adjacent to a river or stream or other body of flowing water which is, on the average, likely to be covered with flood waters resulting from a one-hundred (100) year frequency storm. See Rhode Island General Laws 2-1-20
- Jurisdictional area: means the following lands and waters, as defined herein except as provided for in § 2-1-22(k), that shall be subject to regulation under this chapter:
(i) Freshwater wetlands;
(ii) Buffers;
(iii) Floodplains;
(iv) Areas subject to storm flowage;
(v) Areas subject to flooding; and
(vi) Contiguous areas that extend outward:
(A) Two hundred feet (200?) from the edge of a river or stream;
(B) Two hundred feet (200?) from the edge of a drinking water supply reservoir; and
(C) One hundred feet (100?) from the edge of all other freshwater wetlands. See Rhode Island General Laws 2-1-20
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6