§ 2-1-20 - Definitions.
SECTION 2-1-20
§ 2-1-20 Definitions. – As used in this chapter;
(1) "Bog" means a place where standing or slowly runningwater is near or at the surface during normal growing season and/or where avegetational community has over fifty percent (50%) of the ground or watersurface covered with sphagnum moss (Sphagnum) and/or where the vegetationalcommunity is made up of one or more of, but not limited to nor necessarilyincluding all of, the following: blueberries, and cranberry (Vaccinium),leatherleaf (Chamaedaphne calyculata), pitcher plant (Sarracenia purpurea),sundews (Droseraceae), orchids (Orchidaceae), white cedar (Chamaecyparisthyoides), red maple (Acer rubrum), black spruce (Picae mariana), bog aster(Aster nemoralis), larch (Laris laricina), bogrosemary (Andromedaglaucophylla), azaleas (Rhododendron), laurels (Kalmia), sedges (Caryx), bogand cotton (Eriophorum).
(2) "Director" means the director of the department ofenvironmental management or his or her duly authorized agent or agents.
(3) "Flood Plain" means that land area adjacent to a river orstream or other body of flowing water which is, on the average, likely to becovered with flood waters resulting from a one hundred (100) year frequencystorm. A "one hundred (100) year frequency storm" is one that is to be expectedto be equaled or exceeded once in one hundred (100) years; or may be said tohave a one percent (1%) probability of being equaled or exceeded in any givenyear. Rainfall intensity data for a one hundred (100) year frequency storm arethose 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 plantcommunities in any body of fresh water including rivers and streams and thatarea of land within fifty feet (50') of the edge of any bog, marsh, swamp orpond.
(5) "Marsh" means a place not less than one acre in extentwholly or partly within the state where a vegetational community exists instanding or running water during the growing season and/or is made up of one ormore of, but not limited to nor necessarily including all of, the followingplants 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 (Cephalanthusoccidentalis).
(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) acrein extent, natural or man-made, wholly or partly within the state, where openstanding or slowly moving water is present for at least six (6) months a year.
(8) "River" means a body of water designated as a perennialstream by the United States department of interior geologic survey on 7.5minute series topographic maps and which is not a pond as defined in thissection.
(9) "River bank" means that area of land within two hundredfeet (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 edgeof any flowing body of water having a width of less than ten feet (10') duringnormal flow.
(10) "Swamp" means a place not less than three (3) acres inextent wholly or partly within the state where ground water is near or at thesurface of the ground for a significant part of the growing season or runoffwater from surface drainage collects frequently and/or where a vegetationalcommunity is made up of a significant portion of one or more of, but notlimited to nor necessarily including all of, the following: red maple (Acerrubum), 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 (Thujacanadensis), sphagnums (Sphagnum), azaleas (Rhododendron), black adler (Ilexverticillata), coast pepperbush (Clethra alnifolia), marsh marigold (Calthapalustris), blueberries (Vaccinium), buttonbush (Cephalanthus occidentalis),willow (Salicaceae), water willow (Decodon verticillatus), tupelo (Nyssasylbatica), laurels (Kalmia), swamp white oak (Quercus biscolor), or speciesindicative of marsh.