§ 2-1-20 Definitions. – As used in this chapter;
(1) "Bog" means a place where standing or slowly running water is near or at the surface during normal growing season and/or where a vegetational community has over fifty percent (50%) of the ground or water surface covered with sphagnum moss (Sphagnum) and/or where the vegetational community is made up of one or more of, but not limited to nor necessarily including all of, the following: blueberries, and cranberry (Vaccinium), leatherleaf (Chamaedaphne calyculata), pitcher plant (Sarracenia purpurea), sundews (Droseraceae), orchids (Orchidaceae), white cedar (Chamaecyparis thyoides), red maple (Acer rubrum), black spruce (Picae mariana), bog aster (Aster nemoralis), larch (Laris laricina), bogrosemary (Andromeda glaucophylla), azaleas (Rhododendron), laurels (Kalmia), sedges (Caryx), bog and cotton (Eriophorum).
(2) "Director" means the director of the department of environmental management or his or her duly authorized agent or agents.
(3) "Flood Plain" 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. A "one hundred (100) year frequency storm" is one that is to be expected to be equaled or exceeded once in one hundred (100) years; or may be said to have a one percent (1%) probability of being equaled or exceeded in any given year. Rainfall intensity data for a one hundred (100) year frequency storm are those established for New England locations by the national weather service (formerly the U. S. weather bureau).
(4) "Fresh water wetlands" includes but is not limited to, marshes, swamps, bogs, ponds, rivers, river and stream flood plains and banks, areas subject to flooding or storm flowage, emergent and submergent plant communities in any body of fresh water including rivers and streams and that area of land within fifty feet (50') of the edge of any bog, marsh, swamp or pond.
(5) "Marsh" means a place not less than one acre in extent wholly or partly within the state where a vegetational community exists in standing or running water during the growing season and/or is made up of one or more of, but not limited to nor necessarily including all of, the following plants or groups of plants: hydrophytic reeds (Phragmites), grasses (Cramineae), mannagrasses (Glyceria), cutgrasses (Leersia), pickerelwoods (Pontederiaceae), sedges (Cyperaceae), rushes (Juncaceae), cattails (Typha), water plantains (Alismataceae), bur-reeds (Sparganiazceae), pondweeds (Zosteraceae), frog's bits (Hydrocharitaceae), arums (Araceae), duckweeds (Lemmaceae), water lilies (Nymphaeceae), water-milfoils (Haloragaceae), water-starworts (Callitrichaeceae), bladder-worts (Utricularia), pipeworts (Eriocaulon), sweet gale (Myrica gale), and buttonbush (Cephalanthus occidentalis).
(6) "Near or at the surface" mean within thirty-six (36) inches of the surface.
(7) "Pond" means a place not less than one-quarter (1/4) acre in extent, natural or man-made, wholly or partly within the state, where open standing or slowly moving water is present for at least six (6) months a year.
(8) "River" means a body of water designated as a perennial stream by the United States department of interior geologic survey on 7.5 minute series topographic maps and which is not a pond as defined in this section.
(9) "River bank" means that area of land within two hundred feet (200') of the edge of any flowing body of water having a width of ten feet (10') or more and that area of land within one hundred feet (100') of the edge of any flowing body of water having a width of less than ten feet (10') during normal flow.
(10) "Swamp" means a place not less than three (3) acres in
extent wholly or partly within the state where ground water is near or at the
surface of the ground for a significant part of the growing season or runoff
water from surface drainage collects frequently and/or where a vegetational
community is made up of a significant portion of one or more of, but not
limited to nor necessarily including all of, the following: red maple (Acer
rubum), elm (Ulmus americana), black spruce (Picea mariana), white cedar
(Chamaecyparis thyoides), ashes (Fraximus), poison sumac (Rhus vernix), larch
(Larix laricina), spice bush (Lindera benzoin), alders (Alnus), skunk cabbage
(Symplocarpus foetidus), hellebore (Veratrum viride), hemlock (Thuja
canadensis), sphagnums (Sphagnum), azaleas (Rhododendron), black adler (Ilex
verticillata), coast pepperbush (Clethra alnifolia), marsh marigold (Caltha
palustris), blueberries (Vaccinium), buttonbush (Cephalanthus occidentalis),
willow (Salicaceae), water willow (Decodon verticillatus), tupelo (Nyssa
sylbatica), laurels (Kalmia), swamp white oak (Quercus biscolor), or species
indicative of marsh.
(G.L. 1956, § 2-1-20; P.L. 1971, ch. 213, § 1; P.L. 1974, ch. 197,
§ 2; P.L. 1979, ch. 20, § 1.)