2023 -- H 6034
========
LC002100
========
S TATE OF RHODE IS LAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
____________
A N A C T
RELATING TO WATERS AND NAVIGATION -- COASTAL RESOURCES MA NAGEMENT
COUNCIL
Introduced By: Representatives Tanzi, Cortvriend, Handy, Spears, Henries, Boylan,
Fogarty, Kislak, and Bennett
Date Introduced: March 01, 2023
Referred To: House State Government & Elections
It is enacted by the General Assembly as follows:
SECTION 1. The title of Chapter 46-23 of the General Laws entitled "Coastal Resources 1
Management Council" is hereby amended to read as follows: 2
CHAPTER 46-23 3
Coastal Resources Management Council 4
CHAPTER 46-23 5
DEPARTMENT OF COASTAL RESOURCE S 6
SECTION 2. Sections 46-23-1, 46-23-2, 46-23-4, 46-23-4.1, 46-23-6, 46-23-6.1, 46-23-7
6.2, 46-23-7, 46-23-7.1, 46-23-7.2, 46-23-7.3, 46-23-7.4, 46-23-7.5, 46-23-8, 46-23-9, 46-23-10, 8
46-23-11, 46-23-13, 46-23-14, 46-23-15, 46-23-15.1, 46-23-16, 46-23-18, 46-23-18.1, 46-23-18.2, 9
46-23-18.3, 46-23-18.4, 46-23-18.5, 46-23-18.6, 46-23-20, 46-23-20.1, 46-23-20.2, 46-23-20.3, 10
46-23-20.4, 46-23-20.5, 46-23-20.6, 46-23-21, 46-23-22, 46-23-23, 46-23-24 and 46-23-25 of the 11
General Laws in Chapter 46-23 entitled "Coastal Resources Management Council" are hereby 12
amended to read as follows: 13
46-23-1. Legislative findings. 14
(a)(1) Under article 1, § 17 of the Rhode Island Constitution, the people shall continue to 15
enjoy and freely exercise all the rights of fishery, and the privileges of the shore, to which they 16
have been heretofore entitled under the charter and usages of this state, including, but not limited 17
to, fishing from the shore, the gathering of seaweed, leaving the shore to swim in the sea and 18
LC002100 - Page 2 of 38
passage along the shore; and they shall be secure in their rights to use and enjoyment of the natural 1
resources of the state with due regard for the preservation of their values; and it is the duty of the 2
general assembly to provide for the conservation of the air, land, water, plant, animal, mineral and 3
other natural resources of the state, and to adopt all means necessary and proper by law to protect 4
the natural environment of the people of the state by providing adequate resource planning for the 5
control and regulation of the use of the natural resources of the state and for the preservation, 6
regeneration, and restoration of the natural environment of the state. 7
(2) The general assembly recognizes and declares that the coastal resources of Rhode 8
Island, a rich variety of natural, commercial, industrial, recreational, and aesthetic assets, are of 9
immediate and potential value to the present and future development of this state; that unplanned 10
or poorly planned development of this basic natural environment has already damaged or destroyed, 11
or has the potential of damaging or destroying, the state’s coastal resources, and has restricted the 12
most efficient and beneficial utilization of these resources; that it shall be the policy of this state to 13
preserve, protect, develop, and, where possible, restore the coastal resources of the state for this 14
and succeeding generations through comprehensive and coordinated long range planning and 15
management designed to produce the maximum benefit for society from these coastal resources; 16
and that preservation and restoration of ecological systems shall be the primary guiding principle 17
upon which environmental alteration of coastal resources will be measured, judged, and regulated. 18
(b)(1) That effective implementation of these policies is essential to the social and 19
economic well-being of the people of Rhode Island because the sea and its adjacent lands are major 20
sources of food and public recreation, because these resources are used by and for industry, 21
transportation, waste disposal, and other purposes, and because the demands made on these 22
resources are increasing in number, magnitude, and complexity; and that these policies are 23
necessary to protect the public health, safety, and general welfare. Pursuant to 16 U.S.C. § 1452 24
(“The Coastal Zone Management Act”), the general assembly hereby directs the council department 25
of coastal resources (referred to as “CRMC” the "department") to exercise effectively its 26
responsibilities in the coastal zone through the development and implementation of management 27
programs to achieve wise use of the land and water resources of the coastal zone. 28
(2) Furthermore, that implementation of these policies is necessary in order to secure the 29
rights of the people of Rhode Island to the use and enjoyment of the natural resources of the state 30
with due regard for the preservation of their values, and in order to allow the general assembly to 31
fulfill its duty to provide for the conservation of the air, land, water, plant, animal, mineral, and 32
other natural resources of the state, and to adopt all means necessary and proper by law to protect 33
the natural environment of the people of the state by providing adequate resource planning for the 34
LC002100 - Page 3 of 38
control and regulation of the use of the natural resources of the state and for the preservation, 1
regeneration, and restoration of the natural environment of the state. 2
(c) That these policies can best be achieved through the creation of a department of coastal 3
resources management council as the principal mechanism for management of the state’s coastal 4
resources. 5
(d) The general assembly recognizes and declares that maintenance dredging is required to 6
remove natural silt accumulations; Rhode Island has not had a general maintenance dredging policy 7
and programs for ports, port facilities, channels, harbors, public and private marinas and boating 8
facilities, recreational facilities and habitat areas and such programs should continue.; other major 9
coastal states have maintenance dredging policies and in-water maintenance dredge disposal sites; 10
as a result of the lack of a general maintenance dredging policy and program and as a result there 11
has been: 12
(1) A decrease in the depth of the Providence Channel from forty-four (44) feet in 1971 to 13
twenty-four (24) feet in 1996; 14
(2) Navigational restrictions on ocean going vessels through the state’s waterways and 15
channels; and 16
(3) A decrease in the number of available slips and moorings at marinas throughout the 17
state; and the lack of a maintenance dredging policy and programs have significant adverse 18
environmental and economic effects on the state and therefore it is in the best interest of the state, 19
the cities and towns of the state, and the citizens thereof for the state to have a general maintenance 20
dredging policy and programs to resolve issues related to dredge maintenance and disposal and 21
avoid future significant direct and indirect adverse impact on the environment and economy of the 22
state. 23
(e) The department of coastal resources management council is hereby designated as the 24
lead state agency for purposes of dredging in tidal waters and as such shall have the following 25
duties and responsibilities: 26
(1) To coordinate the interest of the state with regard to dredging; 27
(2) To formulate and adopt a state policy with regard to dredging which integrates those 28
interests; 29
(3) To cooperate with, negotiate, and to enter into agreements on behalf of the state with 30
the federal government and with other public bodies and private parties with regard to dredging; 31
(4) To act as the initial and primary point of contact for all applications to the state for 32
dredging projects in tidal waters; 33
(5) To develop, prepare, adopt pursuant to § 46-23-11, implement, and maintain a 34
LC002100 - Page 4 of 38
comprehensive plan for dredge material management; and 1
(6) To cooperate and coordinate with the departments of environmental management, 2
transportation, administration, and health, and the economic development corporation in the 3
conduct of these duties and responsibilities. 4
(f)(1) The legislature recognizes that under Article I, § 17, the submerged lands of the state 5
are impressed with a public trust and that the state is responsible for the protection of the public’s 6
interest in these lands. The state maintains title in fee to all soil within its boundaries that lies below 7
the high water mark, and it holds that land in trust for the use of the public. In benefiting the public, 8
the state preserves certain public rights which include, but are not limited to, fishery, commerce, 9
and navigation in these waters and the submerged lands that they cover. 10
(2) All the powers and duties previously vested in the coastal resources management 11
council since Since its establishment in 1971, are hereby transferred to the department of coastal 12
resources ("department"). the CRMC The department has had the authority to manage and plan for 13
the preservation of the coastal resources of the state including, but not limited to, submerged lands. 14
The legislature hereby declares that, in light of the unique size, scope, and overall potential impact 15
upon the environment of large scale filling projects involving twenty-five (25) acres or more, any 16
lease of tidal lands, or any license to use those lands, is subject to approval, disapproval, or 17
conditional approval by the direct enactment of the general assembly by legislative action. The 18
CRMC department shall review all requests for leases, licenses to use the land, and other authority 19
to use the land made by any applicant prior to presentation of the request to the general assembly, 20
and the CRMC department shall make recommendations on the request to the general assembly. 21
With the exception of any and all projects to fill land of twenty-five (25) acres or more, the general 22
assembly hereby recognizes and declares that the CRMC department is delegated the sole and 23
exclusive authority for the leasing of submerged and filled lands and giving licenses for the use of 24
that land. Accordingly, the CRMC department shall forthwith will develop, coordinate, and adopt 25
a system for the leasing of submerged and filled lands, and licenses for the use of that land, and 26
will ensure that all leases and licenses are consistent with the public trust. Pursuant thereto, the 27
CRMC department shall impose a maximum fee of eighty thousand dollars ($80,000) per annum 28
for any transatlantic cable that makes landfall in Rhode Island. All such fees collected shall be 29
deposited into the Bays, Rivers and Watersheds Fund, established pursuant to § 46-31-12.1, and 30
shall be disbursed according to the purposes of that fund as general revenue. Nothing contained in 31
this subsection negates, repeals, or alters the provisions, processes, and requirements for the leasing 32
of submerged land for the conduct of aquaculture as set out under chapter 10 of title 20. Therefore, 33
nothing in this chapter shall be construed to limit or impair the authority of the state, or any duly 34
LC002100 - Page 5 of 38
established agency of the state, to regulate filling or dredging affecting tidal lands owned by the 1
state or any other entity, and nothing in this chapter shall be construed to limit or impair the 2
obligation of the applicant to obtain all applicable regulatory approvals. Specifically, and without 3
limiting the foregoing, nothing in this subsection negates, repeals, or alters the provisions, 4
processes, and requirements for water quality certification contained in chapter 12 of this title. 5
(3) Definitions. As used in this chapter, the following words shall have the following 6
meanings, unless the context clearly requires otherwise: 7
(i) “Administrative penalty” means a monetary penalty not to exceed the civil penalty 8
specified by statute or, where not specified by statute, an amount not to exceed one thousand dollars 9
($1,000). 10
(ii) “Department,” or “director” means the director of the department coastal resources as 11
established herein or his or her duly authorized agent, unless stated otherwise. 12
(i)(iii) “Filled land” means portions of tidal lands which have been rendered by the acts of 13
man to be no longer subject to tidal action or beneath tidal waters. 14
(iii)(iv) “Mean high water” means a line of contour representing the 18.6 year average as 15
determined by the metonic cycle and/or its equivalent as evidenced by the records, tidal datum, and 16
methodology of the United States Coastal Geodetic Survey within the National Oceanic and 17
Atmospheric Administration. 18
(v) “Person” means any agency or political subdivision of the state, any state, public or 19
private corporation or authority, individual, trust, firm, joint stock company, partnership, 20
association, or other entity or any group thereof or any officer, employee or agent thereof, any 21
individual, group of individuals, firm, corporation, association, partnership, or private or public 22
entity, including a district, county, city, town, or other governmental unit or agent thereof, and in 23
the case of a corporation, any individual having active and general supervision of the properties of 24
the corporation. 25
(vi) “Service” means service upon a corporation under this section shall be deemed to 26
include service upon both the corporation and upon the person having active and general 27
supervision of the properties of the corporation. 28
(ii)(vii) “Tidal Lands” means those lands that are below the mean high water. 29
46-23-2. Coastal resources management council created — Appointment of members 30
Department of coastal resources -- Transfer of responsibilities and citizen advisory 31
committee. 32
(a) There is hereby created the coastal resources management council. The coastal 33
resources management council shall consist of ten (10) members. Nine (9) members shall be 34
LC002100 - Page 6 of 38
appointed by the governor, with advice and consent of the senate, and one member shall serve ex 1
officio. All current appointments to the coastal resources management council made by the 2
governor with advice and consent of the senate are hereby validated and ratified and those 3
appointees shall serve for the remainder of their term. 4
(1) Six (6) of the members shall be appointed or elected officials of local government: three 5
(3) of whom shall be appointed or elected officials in a municipality of fewer than twenty-five 6
thousand (25,000) in population, three (3) of whom shall be appointed or elected officials in a 7
municipality of more than twenty-five thousand (25,000) in population. The populations are to be 8
determined by the latest federal census. Elected or appointed municipal officials shall hold seats on 9
the council only so long as they remain in their elected or appointed office. Each municipal 10
appointment shall cease if the appointed or elected official shall no longer hold or change the office 11
which they held upon appointment. At least five (5) out of the six (6) appointed or elected members 12
must be appointed or elected in a coastal municipality. When the governor submits his or her 13
appointments to the senate for advice and consent, the governor shall specify the appointed or 14
elected office that each municipal appointment holds; the population of the municipality 15
represented; and the member being replaced. 16
(2) Three (3) members shall be appointed by the governor from the public, with the advice 17
and consent of the senate, one of the public members and his or her successors shall reside in a 18
coastal municipality. 19
(3) All members shall serve until their successors are appointed and qualified; during the 20
month of January, the governor shall appoint, with the advice and consent of the senate, a member 21
to succeed the members whose term will then next expire for a term of three (3) years commencing 22
on the first day of February next following and until their successor is named and qualified. A 23
member shall be eligible for successive appointments. No more than two (2) persons on the council 24
shall be from the same municipality. A vacancy other than by expiration shall be filled in the 25
manner of the original appointment but only for the unexpired portion of the term. 26
(a) There is hereby established within the executive branch of the state government a 27
department of coastal resources. The head of the department shall be the director of the department 28
coastal resources who shall be in the unclassified service and who shall be appointed by the 29
governor, with the advice and consent of the senate, and shall serve at the pleasure of the governor. 30
(b) Whenever, in any general law, public law or regulation the words “coastal resources 31
management council”, the “council” or “CRMC” shall appear, the same shall be deemed to refer to 32
and to mean the “department of coastal resources.” Whenever, in any general law, public law or 33
regulation the words “chairman” or “chairperson of the coastal resources management council” 34
LC002100 - Page 7 of 38
shall appear, the same shall be deemed to refer to and mean the “director of the department of 1
coastal resources”. 2
(c) The director of the department of coastal resources ("director") assuming any duties 3
formerly imposed upon any other department, division, board, commission, or other agency shall 4
perform those duties, notwithstanding that those duties were formerly performed by a board, 5
council department, or a single officer. Any ruling, decision, or order made by the director with 6
regard to matters within the director's jurisdiction shall be subject to any existing right of appeal to 7
a court of competent jurisdiction. 8
(d) There is hereby established a citizens advisory committee for coastal resources 9
(“committee”). The role of the advisory committee is to provide the department with input on policy 10
initiatives and program improvements and the director shall schedule and hold public committee 11
meetings at least two (2) times per year. 12
(1) The committee shall consist of ten (10) members. Nine (9) members shall be appointed 13
by the governor and one member shall serve ex officio. Members of the committee shall be 14
knowledgeable in coastal law and/or policy and include members representing coastal, urban, 15
indigenous, and environmental justice communities. No two (2) members shall reside in the same 16
community; and 17
(4)(2) The director of the department of environmental management, or their designee, 18
shall serve ex officio. The ex-officio member shall not be counted as serving from any particular 19
municipality. 20
(b) In addition to the foregoing voting members, the council may include a varying number 21
of other members who may serve in an advisory capacity without the right to vote and who may be 22
invited to serve by either the governor or the voting members. These advisory members may 23
represent the federal agencies such as the navy, coast guard, corps of engineers, public health 24
service, and the Federal Water Pollution Control Administration, and such regional agencies as the 25
New England River Basins Commission and the New England Regional Commission and any other 26
group or interest not otherwise represented. 27
(c)(e) There may be established a coastal resources The director may establish other 28
advisory committee which committee committees, appointed by the executive director of the 29
coastal resources management council, which may include, but not be limited to, representation 30
from the following groups: one of whom may be a representative of the university of Rhode Island 31
graduate school of oceanography and the college of resources development, one of whom may be 32
a representative of the Sea Grant National College Program, one of whom may be a representative 33
of the army corps of engineers, one of whom may be a representative of the federal environmental 34
LC002100 - Page 8 of 38
protection agency’s Narragansett Bay laboratory, one of whom shall be a representative of the 1
department of coastal resources management council, one of whom may be the director of the 2
department of environmental management; one of whom may be a member of the Rhode Island 3
Marine Trade Association and one of whom may be a representative of a regional environmental 4
group. The council director shall have the authority to appoint these additional members to the 5
advisory committee committees, established pursuant to the provisions of this subsection, as is 6
deemed necessary or advisable by the advisory committee or the council director. It shall be the 7
responsibility of the committee committees to advise the coastal resources management council 8
department on environmental issues relating to dredging and permitting related thereto, including, 9
but not limited to, those issues defined in §§ 46-23-18.1 — 46-23-18.3, inclusive coastal programs. 10
(d) The council shall have the authority to form committees of other advisory groups as 11
needed from both its own members and others. 12
46-23-4. Officers of the council — Quorum and vote required for action Attorneys 13
and employees of the department. 14
The governor shall select from the appointed members a chairperson and vice chairperson. 15
The council shall thereupon select a secretary from among its membership or staff. The council 16
may engage staff, including legal counsel, as it deems necessary. A quorum shall consist of six (6) 17
members of the council. A majority vote of those present shall be required for action. 18
(a) Staff attorney. There is hereby created the position(s) of staff attorney to the director of 19
the department of coastal resources. The director is hereby empowered and directed to hire a staff 20
attorney(s) consistent with this section. The director shall have at least one full-time attorney-at-21
law on staff. The staff attorney(s) shall be hired by and serve at the pleasure of the director and 22
shall serve in the unclassified service. The position of staff attorney(s) shall be a full-time and report 23
directly to the director. The staff attorney(s) shall be an attorney(s)-at-law and shall not otherwise 24
engage in the practice of law. The staff attorney(s) shall represent the director and staff on all 25
matters including representation at hearings. 26
(b) The director may engage staff, including legal counsel, as it deems necessary. 27
(c) Notwithstanding any other law to the contrary and upon the effective date of this 28
section, all employees of the coastal resources management council shall be transferred to the 29
department of coastal resources and retain civil service status, title, rate of pay and benefits. 30
46-23-4.1. The commissioner of coastal resources management Coordination of 31
agencies. 32
The council shall engage a commissioner of coastal resources management who shall be 33
an employee of the council and who shall not be a member of the council. The commissioner 34
LC002100 - Page 9 of 38
director shall coordinate and liaison with the director of the department of environmental 1
management, and his or her director's staff shall be at the same staff level as the other 2
commissioners staff at the department of environmental management and shall work directly with 3
each other. the other commissioners. The commissioner of coastal resources management shall be 4
in the unclassified service. The duties and powers of the commissioner of coastal resources 5
management shall be determined by the council. The council shall not engage a commissioner of 6
coastal resources management for more than five (5) years; provided, however, that the council 7
may renew its contract with the commissioner of coastal resources management. 8
46-23-6. Powers and duties — Rights-of-way Continuing authorities -- Powers and 9
duties -- Rights-of-way. 10
All prior actions taken by the coastal resources management council including, but not 11
limited to, permits issued, enforcement actions taken, special area management plans, policies and 12
all duly promulgated regulations remain valid and enforceable by the department. In order to 13
properly manage coastal resources the council has department is empowered to exercise all the 14
functions, powers, and duties heretofore vested in the coastal resources management council, 15
including, but not limited to, the following powers and duties: 16
(1) Planning and management. 17
(i) The primary responsibility of the council department shall be the continuing planning 18
for and management of the resources of the state’s coastal region. The council department shall be 19
able to make any studies of conditions, activities, or problems of the state’s coastal region needed 20
to carry out its responsibilities. 21
(ii) The resources management process shall include the following basic phases: 22
(A) Identify all of the state’s coastal resources, water, submerged land, air space, fin fish, 23
shellfish, minerals, physiographic features, and so forth. 24
(B) Evaluate these resources in terms of their quantity, quality, capability for use, and other 25
key characteristics. 26
(C) Determine the current and potential uses of each resource. 27
(D) Determine the current and potential problems of each resource. 28
(E) Formulate plans and programs for the management of each resource, identifying 29
permitted uses, locations, protection measures, and so forth. 30
(F) Carry out these resources management programs through implementing authority and 31
coordination of state, federal, local, and private activities. 32
(G) Formulation of standards where these do not exist, and reevaluation of existing 33
standards. 34
LC002100 - Page 10 of 38
(H) To develop comprehensive programs for dredging in tidal waters and related beneficial 1
use, disposal, monitoring dewatering and transportation of dredge materials. 2
(I) To accept and administer loans and grants from the federal government and from other 3
sources, public or private, for the carrying out of any of its functions, which loans or grants shall 4
not be expended for other than the purposes for which provided. 5
(J) To encourage, participate in, or conduct studies, investigations, research, and 6
demonstrations relating to dredging, disposal of dredge materials and transportation thereof in the 7
tidal waters of the state as the coastal resources management council department may deem 8
advisable and necessary for the discharge of its duties under this chapter. 9
(K) To collect and disseminate information relating to dredging, disposal of dredge 10
materials and transportation thereof within the tidal waters of the state. 11
(L) To work with the appropriate federal and state agencies to develop as provided for in 12
this chapter and in chapter 6.1 of this title, a comprehensive plan for dredging in tidal waters and 13
related beneficial use, disposal, monitoring dewatering and transportation of dredge materials. 14
(M) To apply for, accept and expend grants and bequests of funds, for the purpose of 15
carrying out the lawful responsibilities of the coastal resources management council department. 16
(iii) An initial series of resources management activities shall be initiated through this basic 17
process, then each phase shall continuously be recycled and used to modify the council’s resources 18
management department programs and keep them current. 19
(iv) Planning and management programs shall be formulated in terms of the characteristics 20
and needs of each resource or group of related resources. However, all plans and programs shall be 21
developed around basic standards and criteria, including: 22
(A) The need and demand for various activities and their impact upon ecological systems. 23
(B) The degree of compatibility of various activities. 24
(C) The capability of coastal resources to support various activities. 25
(D) Water quality standards set by the director of the department of environmental 26
management. 27
(E) Consideration of plans, studies, surveys, inventories, and so forth prepared by other 28
public and private sources. 29
(F) Consideration of contiguous land uses and transportation facilities. 30
(G) Whenever possible consistency with the state guide plan. 31
(v) The council department shall prepare, adopt, administer, and cause to be implemented, 32
including specifically through its powers of coordination as set forth in subdivision (3) of this 33
section, a marine resources development plan and such special area management plans as the 34
LC002100 - Page 11 of 38
council department may determine to be appropriate or desirable as follows: 1
(A) Marine resources development plan. 2
(I) The purpose of the marine resources development plan shall be to provide an integrated 3
strategy for: (a) improving the health and functionality of Rhode Island’s marine ecosystem; (b) 4
providing for appropriate marine-related economic development; and (c) promoting the use and 5
enjoyment of Rhode Island’s marine resources by the people of the state. 6
(II) The marine resources development plan shall include specific goals and objectives 7
necessary to accomplish its purposes, performance measures to determine progress toward 8
achieving such goals and objectives, and an implementation program. 9
(III) The marine resources development plan shall be prepared in cooperation with the 10
department of environmental management, the statewide planning program, and the commerce 11
corporation, with the involvement of such other state agencies as may be appropriate, and with such 12
technical support as may be necessary and appropriate from the Narragansett Bay Estuary Program, 13
the Coastal Institute at the University of Rhode Island, and Rhode Island Sea Grant. 14
(IV) The plan shall be responsive to the requirements and principles of the federal coastal 15
zone management act as amended, including, but not limited to, the expectations of the act for 16
incorporating the federal Clean Water Act into coastal zone management programs. 17
(V) The marine resources development plan shall take into account local land use 18
management responsibilities as provided for under title 45 and harbor management responsibilities, 19
and the preparation of the plan shall include opportunities for involvement and/or comment by 20
cities and towns. 21
(VI) The marine resources development plan shall be previously adopted by the council in 22
accordance with the provisions of this subsection by July 1, 2005, shall be adopted by the 23
department and shall as appropriate incorporate the recommendations of the Governor’s 24
Narragansett Bay and Watershed Planning Commission, and shall be made consistent with systems 25
level plans as appropriate, in order to effectuate the purposes of systems level planning. The council 26
department shall update the marine resources development plan at least once every five (5) years. 27
(VII) The council department shall administer its programs, regulations, and 28
implementation activities in a manner consistent with the marine resources development plan. 29
(VIII) The marine resources development plan and any updates thereto shall be adopted as 30
appropriate as elements of the state guide plan pursuant to § 42-11-10. 31
(B) Special area management plans. 32
(I) The council department shall adopt such special area management plans as deemed 33
necessary and desirable to provide for the integration and coordination of the protection of natural 34
LC002100 - Page 12 of 38
resources, the promotion of reasonable coastal-dependent economic growth, and the improved 1
protection of life and property in the specific areas designated council by the department as 2
requiring such integrated planning and coordination. 3
(II) The integrated planning and coordination herein specified shall include, but not be 4
limited to, federal agencies, state agencies, boards, commissions, and corporations, including 5
specifically the commerce corporation, and cities and towns, shall utilize to the extent appropriate 6
and feasible the capacities of entities of higher education, including Rhode Island Sea Grant, and 7
shall provide for the participation of advocacy groups, community-based organizations, and private 8
persons. 9
(III) The council department shall administer its programs, regulations, and 10
implementation activities in a manner consistent with special area management plans. 11
(IV) Special area management plans and any updates thereto shall be adopted as 12
appropriate as elements of the state guide plan pursuant to § 42-11-10. 13
(2) Implementation. 14
(i) The council department is authorized to formulate policies and plans and to adopt 15
regulations necessary to implement its various management programs. With respect to such policies 16
and plans which relate to matters where the coastal resources management council department and 17
the department of environmental management have concurrent jurisdiction and upon formulation 18
of the plans and regulations, the council department shall, prior to adoption, submit the proposed 19
plans or regulations to the director of the department of environmental management for the 20
director’s review. The director shall review and submit comments to the council department within 21
thirty (30) days of submission to the director by the council department. The comments of the 22
director shall include findings with regard to the consistency of the policies, plans and/or 23
regulations with the requirements of laws administered by the department. The council director of 24
the department of coastal resources shall consider the director’s comments prior to adoption of any 25
such policies, plans or regulations and shall respond in writing to findings of the director with 26
regard to the consistency of said policies, plans and/or regulations with the requirements of laws 27
administered by the department. 28
(ii)(A) The council department shall have exclusive jurisdiction below mean high water for 29
all development, operations, and dredging, consistent with the requirements of chapter 6.1 of this 30
title and except as necessary for the department of environmental management to exercise its 31
powers and duties and to fulfill its responsibilities pursuant to §§ 42-17.1-2 and 42-17.1-24, and 32
any person, firm, or governmental agency proposing any development or operation within, above, 33
or beneath the tidal water below the mean high water mark, extending out to the extent of the state’s 34
LC002100 - Page 13 of 38
jurisdiction in the territorial sea, shall be required to demonstrate that its proposal would not: 1
(I) Conflict with any resources management plan or program; 2
(II) Make any area unsuitable for any uses or activities to which it is allocated by a 3
resources management plan or program adopted by the council department; or 4
(III) Significantly damage the environment of the coastal region. 5
(B) The council department shall be authorized to approve, modify, set conditions for, or 6
reject any such proposal. 7
(iii) The authority of the council department over land areas (those areas above the mean 8
high water mark) shall be limited to two hundred feet (200′) from the coastal physiographic feature 9
or to that necessary to carry out effective resources management programs. This shall be limited to 10
the authority to approve, modify, set conditions for, or reject the design, location, construction, 11
alteration, and operation of specified activities or land uses when these are related to a water area 12
under the agency’s jurisdiction, regardless of their actual location. The council's department's 13
authority over these land uses and activities shall be limited to situations in which there is a 14
reasonable probability of conflict with a plan or program for resources management or damage to 15
the coastal environment. These uses and activities are: 16
(A) Power generating over forty (40) megawatts and desalination plants. 17
(B) Chemical or petroleum processing, transfer, or storage. 18
(C) Minerals extraction. 19
(D) Shoreline protection facilities and physiographical features, and all directly associated 20
contiguous areas which are necessary to preserve the integrity of the facility and/or features. 21
(E) Coastal wetlands and all directly associated contiguous areas which are necessary to 22
preserve the integrity of the wetlands including any freshwater wetlands located in the vicinity of 23
the coast. The actual determination of freshwater wetlands located in coastal vicinities and under 24
the jurisdiction of the coastal resources management council department shall be designated on 25
such maps that are agreed to in writing and made available for public use by the coastal resources 26
management council department and the director, and department of environmental management, 27
within three (3) months of [August 6, 1996]. The CRMC department shall have exclusive 28
jurisdiction over the wetlands areas described in this section notwithstanding any provision of 29
chapter 1, title 2 or any other provision, except as provided in subsection (iv) of this section. Within 30
six (6) months of [August 6, 1996] the council The department in cooperation with the director of 31
the department of environmental management shall develop maintain rules and regulations for the 32
management and protection of freshwater wetlands, affected by an aquaculture project, outside of 33
those freshwater wetlands located in the vicinity of the coast and under the exclusive jurisdiction 34
LC002100 - Page 14 of 38
of the director of the department of environmental management. For the purpose of this chapter, a 1
“coastal wetland” means any salt marsh bordering on the tidal waters of this state, whether or not 2
the tidal waters reach the littoral areas through natural or artificial watercourses, and those uplands 3
directly associated and contiguous thereto which are necessary to preserve the integrity of that 4
marsh. Marshes shall include those areas upon which grow one or more of the following: smooth 5
cordgrass (spartina alterniflora), salt meadow grass (spartina patens), spike grass (distichlis 6
spicata), black rush (juncus gerardi), saltworts (salicornia spp.), sea lavender (limonium 7
carolinianum), saltmarsh bulrushes (scirpus spp.), hightide bush (iva frutescens), tall reed 8
(phragmites communis), tall cordgrass (spartina pectinata), broadleaf cattail (typha latifolia), 9
narrowleaf cattail (typha angustifolia), spike rush (eleocharis rostellata), chairmaker’s rush (scirpus 10
amercana), creeping bentgrass (agrostis palustris), sweet grass (hierochloe odorata), and wild rye 11
(etlymus virginicus). 12
(F) Sewage treatment and disposal and solid waste disposal facilities. 13
(G) Beneficial use, dewatering, and disposal of dredged material of marine origins, where 14
such activities take place within two hundred feet (200′) of mean high water or a coastal 15
physiographic feature, or where there is a reasonable probability of conflict with a plan or program 16
for resources management or damage to the coastal environment. 17
(iv) Notwithstanding the provisions of subsections (ii) and (iii) above, the department of 18
environmental management shall maintain jurisdiction over the administration of chapter 1, title 2, 19
including permitting of freshwater wetlands alterations and enforcement, with respect to all 20
agricultural activities undertaken by a farmer, as that term is defined in § 2-1-22(j), wherever 21
located; provided, however, that with respect to activities located partially or completely within 22
two hundred feet (200′) of the coastal physiographic feature, the department shall exercise 23
jurisdiction in consultation with the council department. 24
(3) Coordination. The council department has the following coordinating powers and 25
duties: 26
(i) Functioning as a binding arbitrator in any matter of dispute involving both the resources 27
of the state’s coastal region and the interests of two (2) or more municipalities or state agencies. 28
(ii) Consulting and coordinating actions with local, state, regional, and federal agencies 29
and private interests. 30
(iii) Conducting or sponsoring coastal research. 31
(iv) Advising the governor, the general assembly, and the public on coastal matters. 32
(v) Serving as the lead state agency and initial and primary point of contact for dredging 33
activities in tidal waters and in that capacity, integrating and coordinating the plans and policies of 34
LC002100 - Page 15 of 38
other state agencies as they pertain to dredging in order to develop comprehensive programs for 1
dredging as required by subparagraph (1)(ii)(H) of this section and chapter 6.1 of this title. The 2
Rhode Island resource recovery corporation prior to purchasing cover material for the state landfill 3
shall first contact the CRMC department to see if there is a source of suitable dredged material 4
available which shall be used in place of the purchase cover material. Other state agencies engaged 5
in the process of dump closures shall also contact the CRMC department to see if there is a source 6
of suitable dredged material available, which shall be used in place of the purchase cover material. 7
In addition, cities and towns may contact the CRMC department prior to closing city or town 8
controlled dump sites to see if there is a source of suitable dredge material available, which may be 9
used in place of the purchase cover material. 10
(vi) Acting as the state’s representative to all bodies public and private on all coastal and 11
aquaculture related matters. 12
(4) Operations. The council department is authorized to exercise the following operating 13
functions, which are essential to management of coastal resources: 14
(i) Issue, modify, or deny permits for any work in, above, or beneath the areas under its 15
jurisdiction, including conduct of any form of aquaculture. 16
(ii) Issue, modify, or deny permits for dredging, filling, or any other physical alteration of 17
coastal wetlands and all directly related contiguous areas which are necessary to preserve the 18
integrity of the wetlands, including, but not limited to, the transportation and disposal of dredge 19
materials in the tidal waters. 20
(iii) Grant licenses, permits, and easements for the use of coastal resources which are held 21
in trust by the state for all its citizens, and impose fees for private use of these resources. 22
(iv) Determining the need for and establishing pierhead, bulkhead, and harbor lines. 23
(v) Enforcing and implementing riparian rights in the tidal waters after judicial decisions. 24
(vi) The council department may require an owner or operator of a commercial wharf or 25
pier of a marine commercial facility, as defined in 300.3 of the Rhode Island coastal resources 26
management program, but not including those facilities defined in 300.4 of the Rhode Island coastal 27
resources management program, and which is capable of offloading cargo, and is or will be subject 28
to a new use or a significant intensification of an existing use, to demonstrate that the commercial 29
wharf or pier is fit for that purpose. For the purposes of this subsection, a “commercial wharf or 30
pier” means a pier, bulkhead, wharf, docking facility, or underwater utilities. The council 31
department may order said owner or operator to provide an engineering certification to the council's 32
department's satisfaction that the commercial wharf or pier is fit for the new use or intensification 33
of an existing use. If the council department determines that the commercial wharf or pier is not fit, 34
LC002100 - Page 16 of 38
it may order the owner or operator to undertake the necessary work to make the commercial wharf 1
or pier safe, within a reasonable time frame. If the council department determines that the 2
commercial wharf or pier, because of is condition, is an immediate threat to public health and safety 3
it may order the commercial wharf or pier closed until the necessary work to make the commercial 4
wharf or pier safe has been performed and approved by the council department. All work performed 5
must conform to the council's department's management program. The council department is also 6
given the authority to develop regulations to carry out this provision and to impose administrative 7
penalties of five thousand dollars ($5,000) per day up to a maximum of twenty thousand dollars 8
($20,000) consistent with § 46-23-7.1 where there has been a violation of the orders under this 9
provision. 10
(5) Rights-of-way. 11
(i) The coastal resources management council department is responsible for the designation 12
of all public rights-of-way to the tidal water areas of the state, and shall carry on a continuing 13
discovery of appropriate public rights-of-way to the tidal water areas of the state. 14
(ii) The coastal resources management council department shall maintain a complete file 15
of all official documents relating to the legal status of all public rights-of-way to the tidal water 16
areas of the state. 17
(iii)(A) The council department has the power to designate for acquisition and 18
development, and posting, and all other functions of any other department for tidal rights-of-way 19
and land for tidal rights-of-way, parking facilities, and other council related purposes. 20
(B) Further, the council department has the power to develop and prescribe a standard sign 21
to be used by the cities and towns to mark designated rights-of-way. 22
(iv) In conjunction with this subdivision, every state department controlling state-owned 23
land close to or adjacent to discovered rights-of-way is authorized to set out the land, or so much 24
of the land that may be deemed necessary for public parking. 25
(v) No use of land for public parking shall conflict with existing or intended use of the land, 26
and no improvement shall be undertaken by any state agency until detailed plans have been 27
submitted to and approved by the governing body of the local municipality. 28
(vi) In designating rights-of-way, the council department shall consider the following 29
matters in making its designation: 30
(A) Land evidence records; 31
(B) The exercise of domain over the parcel such as maintenance, construction, or upkeep; 32
(C) The payment of taxes; 33
(D) The creation of a dedication; 34
LC002100 - Page 17 of 38
(E) Public use; 1
(F) Any other public record or historical evidence such as maps and street indexes; 2
(G) Other evidence as set out in § 42-35-10. 3
(vii) A determination by the council department that a parcel is a right-of-way shall be 4
decided by substantial evidence. 5
(viii) The council department shall be notified whenever by the judgment of the governing 6
body of a coastal municipality, a public right-of-way to tidal water areas located in such 7
municipality has ceased to be useful to the public, and such governing body proposes an order of 8
abandonment of such public right-of-way. Said notice shall be given not less than sixty (60) days 9
prior to the date of such abandonment. 10
(6) Pre-existing residential boating facilities. 11
(i) The council department is hereby authorized and empowered to issue assent for pre-12
existing residential boating facilities constructed prior to January 1, 1985. These assents may be 13
issued for pre-existing residential boating facilities, even though such facilities do not meet current 14
standards and policies of the council department; provided, however, that the council department 15
finds that such facilities do not pose any significant risk to the coastal resources of the state of 16
Rhode Island and do not endanger human safety. 17
(ii) In addition to the above criteria, the applicant shall provide clear and convincing 18
evidence that: 19
(A) The facility existed in substantially the same configuration as it now exists prior to 20
January 1, 1985; 21
(B) The facility is presently intact and functional; and 22
(C) The facility presents no significant threat to the coastal resources of the state of Rhode 23
Island or human safety. 24
(iii) The applicant, to be eligible for this provision, shall apply no later than January 31, 25
1999. 26
(iv) The council department is directed to develop rules and regulations necessary to 27
implement this subdivision. 28
(v) It is the specific intent of this subsection to require that all pre-existing residential 29
boating facilities constructed on January 1, 1985, or thereafter conform to this chapter and the plans, 30
rules and regulations of the council department. 31
(7) Lease of filled lands which were formerly tidal lands to riparian or littoral owners. 32
(i) Any littoral or riparian owner in this state who desires to obtain a lease from the state 33
of Rhode Island of any filled lands adjacent to his or her upland shall apply to the council 34
LC002100 - Page 18 of 38
department, which may make the lease. Any littoral or riparian owner who wishes to obtain a lease 1
of filled lands must obtain pre-approval, in the form of an assent, from the council department. Any 2
lease granted by the council department shall continue the public’s interest in the filled lands 3
including, but not limited to, the rights of navigation, fishery, and commerce. The public trust in 4
the lands shall continue and run concurrently with the leasing of the lands by the state to private 5
individuals, corporations, or municipalities. Upon the granting of a lease by the council department, 6
those rights consistent with the public trust and secured by the lease shall vest in the lessee. The 7
council department may approve a lease of filled lands for an initial term of up to fifty (50) years, 8
with, or without, a single option to renew for an additional term of up to fifty (50) years. 9
(ii) The lessor of the lease, at any time, for cause, may by express act cancel and annul any 10
lease previously made to the riparian owner when it determines that the use of the lands is violating 11
the terms of the lease or is inconsistent with the public trust, and upon cancellation the lands, and 12
rights in the land so leased, shall revert to the state. 13
(8) “Marinas” as defined in the coastal resources management program in effect as of June 14
1, 1997, are deemed to be one of the uses consistent with the public trust. Subdivision (7) is not 15
applicable to: 16
(i) Any riparian owner on tidal waters in this state (and any successor in interest to the 17
owner) which has an assent which was previously issued by the council ("council" refers to the 18
predecessor to the department, the coastal resources management council) to use any land under 19
water in front of his or her lands as a marina, which assent was in effect on June 1, 1997; 20
(ii) Any alteration, expansion, or other activity at a marina (and any successor in interest) 21
which has an assent previously issued by the council, which assent was in effect on June 1, 1997; 22
and 23
(iii) Any renewal of assent to a marina (or successor in interest), which assent was 24
previously issued by the council and in effect on June 1, 1997. 25
(9) “Recreational boating facilities” including marinas, launching ramps, and recreational 26
mooring areas, as defined by and properly permitted by the council department, are deemed to be 27
one of the uses consistent with the public trust. Subdivision (7) is not applicable to: 28
(i) Any riparian owner on tidal waters in this state (and any successor in interest to the 29
owner) which has an assent previously issued by the council to use any land under water in front 30
of his or her lands as a recreational boating facility; any alteration, expansion or other activity at a 31
recreational boating facility (and any successor in interest) which has an assent issued by the 32
council, which assent was in effect as of June 1, 1997; and 33
(ii) Any renewal of assent to a recreational boating facility (or successor in interest), which 34
LC002100 - Page 19 of 38
assent was previously issued by the council and in effect on June 1, 1997. 1
46-23-6.1. Newport “cliff walk” — Public right-of-way — Legal studies. 2
The council department is hereby directed to carry out any and all legal studies which it 3
shall deem necessary in order to designate the Newport “cliff walk”, so called, as a public right-of-4
way pursuant to § 46-23-6(5). 5
46-23-6.2. Abandonment of rights-of-way. 6
No city or town shall abandon a right-of-way designated as such by the council department 7
unless the council department approved the abandonment. 8
46-23-7. Violations. 9
(a)(1) In any instances wherein there is a violation of the coastal resources management 10
program, or a violation of regulations or decisions of the council department, the commissioner of 11
coastal resources management shall have the power to order any person to cease and desist or to 12
remedy any violation of any provisions of this chapter, or any rule, regulation, assent, order, or 13
decision of the council department whenever the commissioner director of coastal resources 14
management shall have reasonable grounds to believe that such violation has occurred. The director 15
shall have the power and duty to give notice of an alleged violation of law to the person responsible 16
thereof whenever the director determines that there are reasonable grounds to believe that there is 17
a violation of any provision of law within the director's jurisdiction or of any rule or regulation 18
adopted pursuant to authority granted to the director. Nothing in this chapter shall limit the authority 19
of the attorney general to prosecute offenders as required by law. 20
(b) The notice pursuant to subsection (a) of this section shall provide for a time within 21
which the alleged violation shall be remedied, and shall inform the person to whom it is directed 22
that a written request for a hearing on the alleged violation may be filed with the director within 23
twenty (20) days after service of the notice. The notice will be deemed properly served upon a 24
person if a copy thereof is served on the person personally; or sent by registered or certified mail 25
to the person's last known address; or if the person is served with notice by any other method of 26
service now or hereafter authorized in a civil action under the laws of this state. If no written request 27
for a hearing is made to the director within twenty (20) days of the service of notice, the notice 28
shall automatically become a compliance order; 29
(c) Whenever the director determines that there exists a violation of any law, rule, or 30
regulation within the director's jurisdiction that requires immediate action to protect the 31
environment, the director may, without prior notice of violation or hearing, issue an immediate-32
compliance order stating the existence of the violation and the action the director deems necessary. 33
The compliance order shall become effective immediately upon service or within such time as is 34
LC002100 - Page 20 of 38
specified by the director in such order. No request for a hearing on an immediate-compliance order 1
may be made; 2
(d) Any immediate-compliance order issued pursuant to subsection (c) of this section 3
without notice and prior hearing shall be effective for no longer than forty-five (45) days; provided, 4
however, that for good cause shown, the order may be extended one additional period not exceeding 5
forty-five (45) days; 6
(e) The director may, at their director's discretion and for the purposes of timely and 7
effective resolution and return to compliance, cite a person for alleged noncompliance through the 8
issuance of an expedited citation in accordance with § 46-23-7.1; 9
(f) If a person upon whom a notice of violation has been served under the provisions of this 10
section or if a person aggrieved by any such notice of violation requests a hearing before the director 11
within twenty (20) days of the service of notice of violation, the director shall set a time and place 12
for the hearing, and shall give the person requesting that hearing at least five (5) days’ written 13
notice thereof. After the hearing, the director may make findings of fact and shall sustain, modify, 14
or withdraw the notice of violation. If the director sustains or modifies the notice, that decision 15
shall be deemed a compliance order and shall be served upon the person responsible in any manner 16
provided for the service of the notice in this section; 17
(g) A compliance order issued pursuant to the provisions of this section shall state a time 18
within which the violation shall be remedied, and the original time specified in the notice of 19
violation shall be extended to the time set in the order; 20
(h) Whenever a compliance order has become effective, whether automatically where no 21
hearing has been requested, where an immediate-compliance order has been issued, or upon 22
decision following a hearing, the director may institute a proceeding for an injunction or other 23
equitable relief in the superior court of the state for enforcement of the compliance order and for 24
appropriate temporary relief, and in that proceeding, the correctness of a compliance order shall be 25
presumed and the person attacking the order shall bear the burden of proving error in the 26
compliance order, except that the director shall bear the burden of proving in the proceeding the 27
correctness of an immediate-compliance order. The remedy provided for in this section shall be 28
cumulative and not exclusive and shall be in addition to remedies relating to the removal or 29
abatement of nuisances or any other remedies provided by law; 30
(i) Any party aggrieved by a final judgment of the superior court may, within thirty (30) 31
days from the date of entry of such judgment, petition the supreme court for a writ of certiorari to 32
review any questions of law. The petition shall set forth the errors claimed. Upon the filing of the 33
petition with the clerk of the supreme court, the supreme court may, if it sees fit, issue its writ of 34
LC002100 - Page 21 of 38
certiorari; 1
(j) The director may impose administrative penalties in accordance with the provisions of 2
§ 46-23-7.1 and direct that such penalties be deposited as general revenue. 3
(2)(k) Council Department staff, conservation and law enforcement officers within the 4
department of environmental management, and state and municipal police shall be empowered to 5
issue written cease and desist orders in any instance where activity is being conducted which 6
constitutes a violation of any provisions of this chapter, or any rule, regulation, assent, order, or 7
decision of the council department. 8
(3)(l) Conservation Law enforcement officers within the department of environmental 9
management, council department staff, and state and municipal police shall have authority to apply 10
to a court of competent jurisdiction for a warrant to enter on private land to investigate possible 11
violations of this chapter; provided, that they have reasonable grounds to believe that a violation 12
has been committed, is being committed, or is about to be committed. 13
(b)(m) Any order or notice issued pursuant to subsection (a) shall be eligible for recordation 14
under chapter 13 of title 34, and shall be recorded in the land evidence records in the city/town 15
wherein the property subject to the order is located, and any subsequent transferee of the property 16
shall be responsible for complying with the requirements of the order and notice. 17
(c)(n) The coastal resources management council department shall file a discharge of 18
record in the land evidence records any notice filed pursuant to subsection (b) within thirty (30) 19
days after the violation has been remedied. 20
46-23-7.1. Administrative penalties Administrative penalties -- Authority to access. 21
(a) Any person who violates, or refuses or fails to obey, any notice or order issued pursuant 22
to § 46-23-7(a); or any assent, order, or decision of the council department, regulations or law 23
which the director has the authority to enforce, including any license or approval issued or adopted 24
by the director may be assessed an administrative penalty by the chairperson or executive director 25
in accordance with the following: 26
(1) The chairperson or executive director is authorized to assess an administrative penalty 27
of not more than ten thousand dollars ($10,000) for each violation of this section, and is authorized 28
to assess additional penalties of not more than one thousand ($1,000) for each day during which 29
this violation continues after receipt of a notice of violation, immediate-compliance order or cease-30
and-desist order from the council pursuant to § 46-23-7(a), but in no event shall the penalties in 31
aggregate exceed fifty thousand dollars ($50,000). Prior to the assessment of a penalty under this 32
subdivision, the property owner or person committing the violation shall be notified by certified 33
mail or personal service that a penalty is being assessed. The notice shall include a reference to the 34
LC002100 - Page 22 of 38
section of the law, rule, regulation, assent, order, or permit condition violated; a concise statement 1
of the facts alleged to constitute the violation; a statement of the amount of the administrative 2
penalty assessed; and a statement of the party’s right to an administrative hearing. 3
(2) The party shall have twenty-one (21) days from receipt of the notice within which to 4
deliver to the council a written request for a hearing. This request shall specify in detail the 5
statements contested by the party. The executive director shall designate a person to act as hearing 6
officer. If no hearing is requested, then after the expiration of the twenty-one (21) day period, the 7
council shall issue a final order assessing the penalty specified in the notice. The penalty is due 8
when the final order is issued. If the party shall request a hearing, any additional daily penalty shall 9
not commence to accrue until the council issues a final order. 10
(3) If a violation is found to have occurred, the council may issue a final order assessing 11
not more than the amount of the penalty specified in the notice. The penalty is due when the final 12
order is issued. 13
(4) The party may within thirty (30) days appeal the final order, of fine assessed by the 14
council to the superior court which shall hear the assessment of the fine de novo. 15
(b) Notice of violation and assessment of penalty. 16
(1) Whenever the director seeks to assess an administrative penalty on any person, the 17
director shall cause to be served upon the person, either by service, in hand, or by certified mail, 18
return receipt requested, a written notice of its intent to assess an administrative penalty that shall 19
include: 20
(i) A concise statement of the alleged act or omission for which the administrative penalty 21
is sought to be assessed; 22
(ii) Each law, rule, regulation, order, permit, license, or approval that has not been complied 23
with as a result of the alleged act or omission; 24
(iii) The amount that the director seeks to assess as an administrative penalty for each 25
alleged act or omission; 26
(iv) A statement of the person’s right to an adjudicatory hearing on the proposed 27
assessment; 28
(v) The requirements the person shall comply with to avoid being deemed to have waived 29
the right to an adjudicatory hearing; and 30
(vi) The manner of payment thereof if the person elects to pay the penalty and waive an 31
adjudicatory hearing. 32
(2) After written notice of noncompliance or intent to assess an administrative penalty has 33
been given, each day thereafter during which the noncompliance occurs or continues shall 34
LC002100 - Page 23 of 38
constitute a separate offense and shall be subject to a separate administrative penalty if reasonable 1
efforts have not been made to promptly come into compliance. 2
(3) For purposes of timely and effective resolution and return to compliance, the director 3
may cite a person for alleged noncompliance through the issuance of an expedited citation, which 4
may include assessment of penalties up to five thousand dollars ($5,000). Each expedited citation 5
shall include a concise statement of the alleged act or omission that constitutes noncompliance and 6
each law, rule, regulation, order, permit, license, or approval that has not been complied with; and 7
that person alleged to be in noncompliance shall have the right at any time to opt out of the alleged 8
expedited citation process. Failure to respond to an expedited citation shall be deemed as exercising 9
the right to opt out. An expedited citation shall not take effect without the voluntary agreement of 10
the person alleged to be in noncompliance. Expedited citations issued under this section without 11
notice and prior hearing shall be effective no longer than sixty (60) days from the date of receipt 12
by the person alleged to be in noncompliance. In the event that the alleged noncompliance and 13
penalty is unresolved and the expedited citation expires, the director retains the right to issue a 14
separate notice of violation and order and penalty, subject to appeal pursuant to § 46-23-6.2. A 15
person issued an expedited citation shall have the right at any time during the sixty (60) day 16
expedited citation process to request that the director issue a separate notice of violation and order 17
and penalty, subject to appeal pursuant to § 46-23-7. 18
(4) Whenever the director seeks to assess an administrative penalty on any person other 19
than through an expedited citation issued pursuant to § 46-23-7.1(c), the person shall have the right 20
to an adjudicatory hearing under chapter 35 of this title, the provisions of which shall apply except 21
when they are inconsistent with the provisions of this chapter. 22
(5) A person shall be deemed to have waived the person's right to an adjudicatory hearing 23
unless, within twenty (20) days of the date of the director’s notice that the director seeks to assess 24
an administrative penalty, the person files with the director a written statement denying the 25
occurrence of any of the acts or omissions alleged by the director in the notice, or asserting that the 26
money amount of the proposed administrative penalty is excessive. In any adjudicatory hearing 27
authorized pursuant to chapter 35 of this title, the director shall, by a preponderance of the evidence, 28
prove the occurrence of each act or omission alleged by the director. 29
(6) If a person waives his or her right to an adjudicatory hearing, the proposed 30
administrative penalty shall be a final agency order immediately upon the waiver. The director may 31
institute a proceeding for an injunction or other equitable relief in the superior court for Providence 32
county for enforcement of the final administrative penalty as a final agency order. 33
(c) Judicial review. 34
LC002100 - Page 24 of 38
If an administrative penalty is assessed at the conclusion of an adjudicatory hearing, the 1
administrative penalty shall be final upon the expiration of thirty (30) days if no action for judicial 2
review of the decision is commenced pursuant to § 46-23-20.4. 3
(d) Determination of administrative penalty. 4
(1) In determining the amount of each administrative penalty, the director shall include, 5
but not be limited to, the following to the extent practicable in his or her considerations: 6
(2) The actual and potential impact on public health, safety and welfare and the 7
environment of the failure to comply; 8
(3) The actual and potential damages suffered, and actual or potential costs incurred, by 9
the director, or by any other person; 10
(4) Whether the person being assessed the administrative penalty took steps to prevent 11
noncompliance, to promptly come into compliance and to remedy and mitigate whatever harm 12
might have been done as a result of such noncompliance; 13
(5) Whether the person being assessed the administrative penalty has previously failed to 14
comply with any rule, regulation, order, permit, license, or approval issued or adopted by the 15
director, or any law which the director has the authority or responsibility to enforce; 16
(6) Making compliance less costly than noncompliance; 17
(7) Deterring future noncompliance; 18
(8) The financial condition of the person being assessed the administrative penalty; 19
(9) The amount necessary to eliminate the economic advantage of noncompliance 20
including, but not limited to, the financial advantage acquired over competitors from the 21
noncompliance; 22
(10) Whether the failure to comply was intentional, willful, or knowing and not the result 23
of error; 24
(11) Any amount specified by state and/or federal statute for a similar violation or failure 25
to comply; 26
(12) Any other factor(s) that may be relevant in determining the amount of a penalty; 27
provided that, the other factors shall be set forth in the written notice of assessment of the penalty; 28
and 29
(e) The public interest. 30
(1) Limitations on amount of penalty. The administrative penalty shall be not more than 31
one thousand dollars ($1,000) for each violation or failure to comply unless a different amount is 32
authorized by statute as a civil penalty for the subject violation. Each and every occurrence and/or 33
day during which the violation or failure to comply is repeated shall constitute a separate and 34
LC002100 - Page 25 of 38
distinct violation. 1
(2) Rules and regulations. No administrative penalty shall be assessed by the director 2
pursuant to this chapter until the director has promulgated rules and regulations for assessing 3
administrative penalties. Notwithstanding the foregoing, penalties may be imposed within one 4
hundred and twenty (120) days of the effective date of this section prior to promulgation of penalty 5
regulations. 6
46-23-7.2. Proceedings for enforcement. 7
The superior court shall have jurisdiction to enforce the provisions of this chapter, the 8
coastal resource management program, or any rule, regulation, assent, or order issued pursuant 9
thereto. Proceedings under this section may follow the course of equity, and shall be instituted and 10
prosecuted in the name of and at the direction of the chairperson and council director by the attorney 11
general or counsel designated by the council director. Proceedings provided in this section shall be 12
in addition to, and may be utilized in lieu of, other administrative or judicial proceedings authorized 13
by this chapter. 14
46-23-7.3. Criminal penalties. 15
Any person who knowingly violates any provision of this chapter, the director of the coastal 16
resources management program department, or any rule, regulation, assent, or order shall be guilty 17
of a misdemeanor, and, upon conviction thereof shall be fined not more than one thousand dollars 18
($1,000) or by imprisonment of not more than three (3) months or both; and each day the violation 19
is continued or repeated shall be deemed a separate offense. 20
46-23-7.4. Penalty for blocking or posting of rights-of-way. 21
Any person who shall post or block any tidal water, public right-of-way, as designated by 22
the council department, shall be punished by a fine not exceeding one thousand dollars ($1,000) or 23
by imprisonment for not more than three (3) months or both; and each day the posting or blocking 24
continues or is repeated shall be deemed a separate offense. The chairperson of the council 25
department, through council's the department's legal counsel or the attorney general, may apply to 26
any court of competent jurisdiction for an injunction to prevent the unlawful posting or blocking of 27
any tidal water, public right-of-way. 28
46-23-7.5. Prosecution of criminal violations. 29
The chairperson and anyone designated by the chairperson director, without being required 30
to enter into any recognizance or to give surety for cost, may institute proceedings in the name of 31
the state. It shall be the duty of the attorney general and/or the solicitor of the city or town in which 32
the alleged violation has occurred to conduct the prosecution of all the proceedings. The 33
chairperson director may delegate his or her authority to bring prosecution by complaint and 34
LC002100 - Page 26 of 38
warrant to any law enforcement officials authorized by law to bring complaints for the issuance of 1
search or arrest warrants pursuant to chapters 5 and 6 of title 12. 2
46-23-8. Gifts, grants, and donations. 3
The council department is authorized to receive any gifts, grants, or donations made for 4
any of the purposes of its program, which shall be deposited as general revenues, and to disburse 5
and administer the gifts, grants, or donations amounts appropriated in accordance with the terms 6
thereof. The council department is authorized to receive any sums provided by an applicant for use 7
by the council department in its hearing process, which shall be deposited as general revenues, and 8
to disburse and administer the general revenue amounts appropriated in accordance with the rules 9
and regulations promulgated by the council department. 10
46-23-9. Subpoena. 11
The council department is hereby authorized and empowered to summon witnesses and 12
issue subpoenas in substantially the following form: 13
Sc. 14
To_______________________________ of __________________________ greeting: 15
You are hereby required, in the name of the state of Rhode Island, to make your appearance 16
before the commission on ___________________ in the _______________________________ 17
city of ___________________ on the___________________ day of__________________ to give 18
evidence of what you know relative to a matter upon investigation by the commission on 19
_______________________________________ and produce and then and there have and give the 20
following: 21
Hereof fail not, as you will answer to default under the penalty of the law in that behalf 22
made and provided. 23
Dated at ____________________ the __________________ day of ____________ in the 24
year _____________. 25
46-23-10. Cooperation of departments. 26
All other departments and agencies and bodies of state government are hereby authorized 27
and directed to cooperate with and furnish such information as the council department shall require. 28
46-23-11. Rules and regulations. 29
The rules and regulations promulgated by the council department shall be subject to the 30
Administrative Procedures Act (chapter 35 of title 42). 31
46-23-13. Application and hearing fees. 32
The council department shall be authorized to establish reasonable fees for applications 33
and hearings. All fees collected by the council department, including fees collected for leases, shall 34
LC002100 - Page 27 of 38
be deposited as general revenues. The state controller is hereby authorized and directed to draw his 1
or her orders upon the general treasurer for payment of such sum or sums as may be necessary from 2
time to time and upon receipt by him or her of duly authenticated vouchers presented by the 3
commissioner director of coastal resources management. 4
46-23-14. Expert testimony. 5
The council department shall be authorized to engage its own expert and outside 6
consultants, and the council department shall be empowered to use that testimony in making its 7
decisions. 8
46-23-15. Federal grants and interstate cooperation. 9
The council department is authorized to accept any federal grants. It is further given the 10
power to administer land and water use regulations as necessary to fulfill their responsibilities under 11
the Federal Coastal Zone Management Act, 16 U.S.C. § 1451 et seq., and to acquire fee simple and 12
less than fee simple interests under any federal or state program. The council department is 13
authorized to coordinate and cooperate with other states in furtherance of its purposes. The council 14
department may expend those grants and appropriations. The coastal resources management 15
council department for the purposes of the federal Coastal Zone Management Act, 16 U.S.C. § 16
1451 et seq., is the coastal zone agency under §§ 301 through 313 and §§ 318 and 6217 of said act. 17
46-23-15.1. Coordination of harbor safety and enforcement patrols. 18
Coastal municipalities which share a common boundary along their public waters may 19
enter into a binding memorandum of agreement allowing for harbormasters and other officials 20
charged with enforcement of harbor management plan harbor ordinances from one coastal 21
municipality to enforce the harbor ordinances of the bordering coastal municipality upon the public 22
waters of the bordering coastal municipality when the coastal municipalities have harbor 23
management plans approved by the coastal resources management council department and the 24
memorandum of agreement is approved by the respective town or city councils departments. This 25
binding memorandum of agreement shall specify how each coastal municipality is to receive any 26
fines collected under this reciprocal enforcement agreement and the jurisdiction in which any 27
disputes arising out of this reciprocal enforcement agreement shall be litigated. 28
46-23-16. Length of permits, licenses, and easements. 29
The council department is authorized to grant permits, licenses, and easements for any term 30
of years or in perpetuity. Permits, licenses, or easements which are issued by the council department 31
for the filling of the submerged or submersible lands of the state of Rhode Island remain subject to 32
the public trust, and no title is conveyed by such documents. All such permits, licenses, and 33
easements shall clearly state that no title is being conveyed. Permits, licenses or easements issued 34
LC002100 - Page 28 of 38
by the council department are valid only with the conditions and stipulation under which they are 1
granted and imply no guarantee of renewal. The initial application or an application for renewal 2
may be subject to denial or modification. If an application is granted, said permit, license and 3
easement may be subject to revocation and/or modification for failure to comply with the conditions 4
and stipulations under which the same was issued or for other good cause. The division of coastal 5
resources of the department of environmental management shall transfer all of the records and files 6
of the former division of harbours and rivers to the council. 7
46-23-18. Prohibited activities. 8
(a) No person, either as principal, agent or servant nor any firm, corporation, or any other 9
entity shall, without a permit issued by the department of coastal resources management council, 10
construct a marina within two thousand feet (2000′) of a shellfish management area as defined by 11
rules and regulations of the department of environmental management. Such permit shall include 12
any permit required under subsection (b). 13
(b) No person, either as principal, agent, or servant, or any firm, corporation or any other 14
entity, shall, within the tidal waters of the state, conduct or cause to conduct dredging, 15
transportation and/or disposal of dredge materials without a permit issued by the coastal resources 16
management council department, a water quality certification issued by the department of 17
environmental management pursuant to chapter 12 of this title and any permit required by the army 18
corps of engineers. In addition, no person, either as principal, agent, or servant, nor any firm, 19
corporation or any other entity, shall dispose of dredge materials other than in tidal waters without 20
any permit, approval or certification that may otherwise be required. 21
46-23-18.1. Permitting. 22
(a) Any person, either as principal, agent, or servant, or any firm, corporation or any other 23
entity desiring to conduct any activity or activities specified in § 46-23-18 shall file an application 24
for a permit with the coastal resources management council department upon forms furnished by 25
coastal resources management council the department. 26
(b) A hearing shall be held on the application within thirty (30) days of filing. 27
(c) The applicant shall bear the burden of proving that the activity or activities specified in 28
the application will cause no significant adverse impact upon the environment or natural resources 29
of the state, and the coastal resources management council department shall be empowered to deny 30
the application if the applicant does not demonstrate, in addition to other requirements of this 31
chapter, that the activity or activities will not: 32
(i) Significantly adversely affect any shellfish management area as designated by the 33
department of environmental management or the marine fisheries council; 34
LC002100 - Page 29 of 38
(ii) Be in a significant conflict with the marine ecology within or adjacent to the state’s 1
territorial waters; or 2
(iii) Significantly harm or destroy existing fishing grounds. 3
(d) With respect to an application seeking a permit from the coastal resources management 4
council department to conduct or cause to conduct dredging, transportation and/or disposal of 5
dredge material, the applicant shall also satisfy the council department that the proposal in the 6
application is consistent with a comprehensive program developed pursuant to § 46-23-6(1)(ii)(H). 7
(e) In determining whether an applicant has met the burden of proof under subsection (c), 8
the coastal resources management council department shall apply standards that conform with the 9
federal Environmental Protection Agency’s applicable standards and guidelines for the 10
management of dredge materials, including, but not limited to, the federal Environmental 11
Protection Agency’s rules, regulations and guidelines for deviating from said standards. 12
(f) The applicant shall, at least three (3) days before commencing any dredging, give 13
written notice to the coastal resources management council department of the intent to commence 14
the activities specified in the permit. 15
46-23-18.2. Rules and regulations. 16
The council, upon recommendation by the coastal resources advisory committee, 17
department shall issue reasonable rules and regulations governing the dredging, transporting and 18
disposal of all dredge materials in accordance with this chapter. 19
46-23-18.3. Sites for disposal of spoil from dredge operations, selection. 20
(a) The council, upon recommendation of the coastal resources advisory committee, on or 21
before the first day of January, 1999 and department shall, periodically thereafter as necessary, 22
shall consistent with the comprehensive programs required in § 46-23-6(1)(ii)(H), identify and 23
establish one or more in-water disposal sites to be used for the purpose of disposal of dredge 24
materials from marinas and yacht clubs. 25
(b) The council, upon recommendation of the coastal resources advisory committee, on or 26
before the first day of January, 2002 and department shall, periodically thereafter as necessary, 27
shall and consistent with the comprehensive programs required in § 46-23-6(1)(ii)(H), identify and 28
establish one or more in-water disposal sites to be used for the purpose of disposal of dredge 29
materials from all sources not otherwise delineated in (a) above. 30
46-23-18.4. Enforcement. 31
The provisions of §§ 46-23-18 through 46-23-18.3 this chapter shall be enforced by the 32
coastal resources management council department. Nothing herein shall be deemed to abrogate the 33
department of environmental management’s authority to enforce its water quality standards adopted 34
LC002100 - Page 30 of 38
pursuant to § 46-12-3(7) or (24). 1
46-23-18.5. Fees for disposal. 2
The council department is authorized to impose a fee of not less than eleven dollars and 3
sixty-five cents ($11.65) per cubic yard for the disposal of dredge materials at the sites established 4
by the council department pursuant to § 46-23-18.3, with eleven dollars and sixty-five cents 5
($11.65) being deposited into the general fund. The amount of the fee established by the council 6
department pursuant to the section shall be reviewed by the council department on an annual basis 7
and revised as the council department deems necessary, but in no event shall the fee be set at an 8
amount less than eleven dollars and sixty-five cents ($11.65) per cubic yard of material. 9
46-23-18.6. Coastal Resources Management Council Dredge Fund Department of 10
coastal resources dredge fund. 11
There is hereby created a separate fund to be held by the coastal resources management 12
council department to be known as the dredge fund. Any amount charged above the eleven dollars 13
and sixty-five cents ($11.65) must be deposited into the fund and shall not be deposited into the 14
general fund of the state, but shall be kept by the general treasurer of the state in a separate fund 15
for the coastal resources management council department, and shall be paid out by the treasurer 16
upon the order of the council director, without the necessity of appropriation or re-appropriation by 17
the general assembly. Funds must be used to create additional dredging and disposal options. 18
46-23-20. Administrative hearings. 19
All contested cases, all contested enforcement proceedings, and all contested 20
administrative fines shall be heard by the an administrative hearing officers, or by subcommittees 21
officer as provided in § 46-23-20.1, pursuant to the regulations promulgated by the council; 22
provided, however, that no proceeding and hearing prior to the appointment of the hearing officers 23
shall be subject to the provisions of this section. Notwithstanding the foregoing, the commissioner 24
of coastal resources management director shall be authorized, in his or her the director's discretion, 25
to resolve contested licensing and enforcement proceedings through informal disposition pursuant 26
to regulations promulgated by the council department. 27
46-23-20.1. Hearing officers — Appointment — Compensation — Subcommittee. 28
(a) The governor, with the advice and consent of the senate, shall appoint two (2) hearing 29
officers at least one hearing officer who shall be attorneys-at-law, who, prior to their appointment, 30
shall have practiced law for a period of not less than five (5) years for a term of five (5) years; 31
provided, however, that the initial appointments shall be as follows: one hearing officer shall be 32
appointed for a term of three (3) five (5) years and one if a second hearing officer shall be is 33
appointed then the appointment shall be for a term of five (5) three (3) years. The appointees shall 34
LC002100 - Page 31 of 38
be addressed as hearing officers. 1
(b) The If multiple hearing officers are appointed, the governor shall designate one of the 2
hearing officers as chief hearing officer. The hearing officers shall hear proceedings as provided 3
by this section, and the council department, with the assistance of the chief hearing officer, may 4
promulgate such rules and regulations as shall be necessary or desirable and consistent with the 5
administrative adjudication regulations to effect the purposes of this section. 6
(c) A hearing officer shall be devoted full time to these administrative duties, and shall not 7
otherwise practice law while holding office nor be a partner nor an associate of any person in the 8
practice of law. 9
(d) Compensation for hearing officers shall be determined by the unclassified pay board. 10
(e) Whenever the chairperson of the coastal resources management council or, in the 11
absence of the chairperson, the commissioner of coastal resources makes a finding that the hearing 12
officers are otherwise engaged and unable to hear a matter in a timely fashion, he or she may 13
appoint a subcommittee which will act as hearing officers in any contested case coming before the 14
council. The subcommittee shall consist of at least one member; provided, however, that in all 15
contested cases an additional member shall be a resident of the coastal community affected. The 16
city or town council of each coastal community shall, at the beginning of its term of office, appoint 17
a resident of that city or town to serve as an alternate member of the aforesaid subcommittee should 18
there be no existing member of the coastal resources management council from that city or town 19
available to serve on the subcommittee. Any member of the subcommittee actively engaged in 20
hearing a case shall continue to hear the case, even though his or her term may have expired, until 21
the case is concluded and a vote taken thereon. Hearings before subcommittees shall be subject to 22
all rules of practice and procedure as govern hearings before hearing officers. Notwithstanding any 23
other law to the contrary, if a hearing officer is not appointed, confirmed and engaged within sixty 24
(60) days of the effective date of this section, or the position of hearing office is vacant for more 25
than sixty (60) days, the director shall hire a hearing officer, who shall be in the unclassified service, 26
for a term of five (5) years and shall meet the requirements set forth in subsections (c) and (d) of 27
this section. 28
(f) If at least one hearing officer has been appointed, confirmed and engaged or hired by 29
the director and is unable to hear a matter in a timely manner as required by law, the director may 30
hire a hearing officer employed by the state in such capacity, who shall have practiced law for a 31
period of not less than five (5) years and meets the requirements set forth in subsection (c) of this 32
section to adjudicate pending contested cases. 33
46-23-20.2. Clerk. 34
LC002100 - Page 32 of 38
The commissioner director of the department of coastal resources or his or her designee 1
shall serve as clerk to the hearing officers. The clerk shall have general charge of the office, keep 2
a full record of proceedings, file and preserve all documents and papers, prepare such papers and 3
notices as may be required, and perform such other duties as required. The commissioner director 4
shall have the power to issue subpoenas for witnesses and documents and to administer oaths in all 5
cases before any hearing officer or pertaining to the duties of his or her office. 6
46-23-20.3. Prehearing procedure. 7
(a) Prior to the commencement of any hearing, the hearing officer may in his or her 8
discretion direct the parties or their attorneys to appear before him or her for such conferences as 9
shall be necessary. At the conferences, the hearing officer may order any party to file, prior to the 10
commencement of any formal hearing, exhibits that the party intends to use in the hearing, and the 11
names and addresses of witnesses that the party intends to produce in its direct case, together with 12
a short statement of the testimony of each witness. Following entry of an order, a party shall not be 13
permitted, except in the discretion of the hearing officer, to introduce into evidence, in the party’s 14
direct case, exhibits which are not filed in accordance with the order. At the conference, the hearing 15
officer may designate a date before which he or she requires any party to specify what issues are 16
conceded, and further proof of conceded issues shall not be required. The hearing officer shall also 17
require the parties to simplify the issues, to consider admissions of fact and of documents which 18
will avoid unnecessary proof, and to limit the number of expert witnesses. The hearing officer shall 19
enter an order reciting the concessions and agreements made by the parties, and shall enter an order 20
on such other matters as are pertinent to the conduct of the hearing, and unless modified, the hearing 21
shall be conducted by the order. 22
(b) The hearing officer may also order the parties to file, prior to the commencement of 23
any hearing, the testimony of any or all of their respective witnesses, and to submit the testimony 24
to the hearing officer and the opposing party or the opposing counsel by such date as the hearing 25
officer shall determine. The witness shall testify under oath, and all of the testimony shall be in a 26
question and answer format. Save for good cause shown, said testimony shall be the direct 27
examination of the witness; provided, however, that the witness shall be available at the hearing 28
for cross-examination by the opposing party or opposing counsel. 29
(c) The council department, with the assistance of the chief hearing officer, shall 30
promulgate, by regulation, such other prehearing procedures and/or hearing procedures as deemed 31
necessary, including the use of portions of the superior court civil rules of discovery where such 32
are not inconsistent with the applicable provisions of the Administrative Procedures Act, chapter 33
35 of title 42. 34
LC002100 - Page 33 of 38
46-23-20.4. Hearings — Orders. 1
(a) Subject to the provisions of this chapter, every hearing for the adjudication of a violation 2
or for a contested matter shall be held before a hearing officer or a subcommittee. The chief hearing 3
officer shall assign a hearing officer to each matter not assigned to a subcommittee. After due 4
consideration of the evidence and arguments, the hearing officer shall make written proposed 5
findings of fact and proposed conclusions of law which shall be made public when submitted to the 6
council department for review. The council department may, in its discretion, adopt, modify, or 7
reject the findings of fact and/or conclusions of law; provided, however, that any modification or 8
rejection of the proposed findings of fact or conclusions of law shall be in writing and shall state 9
the rationales therefor. 10
(b) The director of the department of environmental management and the director of the 11
department of coastal resources management council shall promulgate such rules and regulations, 12
not inconsistent with law, as to assure uniformity of proceedings as applicable. 13
46-23-20.5. Ex parte consultations. 14
Council members The department shall have no communication directly or indirectly, with 15
a hearing officer relating to any issue of fact or of law on any matter then pending before the hearing 16
officer. 17
46-23-20.6. Oaths — Subpoenas — Powers of hearing officers. 18
The hearing officers are hereby severally authorized and empowered to administer oaths, 19
and the hearing officers, in all cases of every nature pending before them, are hereby authorized 20
and empowered to summon and examine witnesses and to compel the production and examination 21
of papers, books, accounts, documents, records, certificates and other legal evidence that may be 22
necessary or proper for the determination and decision of any question before or the discharge of 23
any duty required by law of the hearing officer. All subpoenas and subpoena duces tecum shall be 24
signed by a hearing officer or the commissioner of coastal resources director, and shall be served 25
as subpoenas are served in civil cases in the superior court; and witnesses so subpoenaed shall be 26
entitled to the same fees for attendance and travel as are provided for witnesses in civil cases in the 27
superior court. In cases of contumacy or refusal to obey the command of the subpoena so issued, 28
the superior court shall have jurisdiction upon application of the council department with proof by 29
affidavit of the fact, to issue a rule or order returnable, in not less than two (2) nor more than five 30
(5) days, directing the person to show cause why he or she should not be adjudged in contempt. 31
Upon return of such order, the justice, before whom the matter is brought for hearing, shall examine 32
under oath the person, and the person shall be given an opportunity to be heard, and if the justice 33
shall determine that the person has refused without reasonable cause or legal excuse to be examined 34
LC002100 - Page 34 of 38
or to answer legal or pertinent questions, he or she may impose a fine upon the offender or forthwith 1
commit the offender to the adult correctional institutions, there to remain until he or she submits to 2
do the act which he or she was so required to do, or is discharged according to law. 3
46-23-21. Notice of permit — Recordation. 4
A notice of permit shall be eligible for recordation under chapter 13 of title 34 as 5
determined by the executive director, and shall be recorded at the expense of the applicant in the 6
land evidence records of the city or town where the property subject to permit is located, and any 7
subsequent transferee of the property shall be responsible for complying with the terms and 8
conditions of the permit. The clerk of the various cities and towns shall record any orders, findings, 9
or decisions of the council department at no expense to the council department. 10
46-23-22. Solid waste disposal licenses — Hearings. 11
The chairperson director of the department of coastal resources management council and 12
the commissioner of the environmental protection branch director of the department of 13
environmental management shall coordinate concurrent hearings on solid waste disposal license 14
applications; provided, however, that the chairperson and the commissioner of the environmental 15
protection branch of the department of environmental management director may designate a 16
hearing officer or subcommittee to hear all matters pertaining to the application and; provided 17
further, that the hearing officer may be from the department of environmental management, or the 18
department of coastal resources management council hearing officer, a subcommittee, or an ad hoc 19
hearing officer. The commissioner director of coastal resources management with the approval of 20
the chairperson may waive jurisdiction in those instances where the commissioner director finds 21
that there is no substantive coastal resources issue or that another agency or branch has adjudicated 22
or addressed the issue. 23
46-23-23. Municipal comprehension plan consideration. 24
The coastal resources management council department shall conform to the requirements 25
of the Comprehensive Planning and Land Use Regulation Act, § 45-22.2. 26
46-23-24. Lien on property. 27
The executive director may record the notice of fee or final order of fine as a lien on the 28
subject property in the land evidence records of the town or city in which said property is located. 29
Recordation of said fee or final order of fine shall be the only manner by which said lien may be 30
perfected against the subject property. 31
46-23-25. Issuance of beach vehicle registration permits. 32
(a) The department of coastal resources management council may issue beach vehicle 33
registration permits in accordance with § 31-8-1.1 of the general laws and adopt regulations that 34
LC002100 - Page 35 of 38
the council department deems necessary to carry out the provisions of this section. The council 1
department may appoint responsible citizens or corporations of the state, engaged in operating 2
sporting goods stores to act as agents with authority to issue permits in the manner and under the 3
conditions as set forth below. Before an appointment shall occur, that citizen or corporation of the 4
state shall deliver to the council department a bond with a surety company authorized to do business 5
in the state of Rhode Island. The requirements and conditions of the bond shall be established by 6
the regulations. 7
(b) Any person or corporation appointed by the council department as provided in section 8
(a) above shall, upon the application of any person entitled to receive a permit under this chapter 9
and upon payment of the specified permit fee, register and issue to the person a beach vehicle 10
registration permit in the form prescribed and furnished by the council department. The permit shall 11
bear the name, place of residence, and signature of the registrant, and the vehicle make, model, 12
year, and license plate number and shall authorize the registrant to own and operate a beach vehicle 13
in the state of Rhode Island during those seasons and in those manners and according to those 14
conditions as shall be provided by regulations established by the council department. 15
SECTION 3. Chapter 46-23 of the General Laws entitled "Coastal Resources Management 16
Council" is hereby amended by adding thereto the following sections: 17
46-23-6.4. Uniform appeal period established. right to adjudicatory hearing. 18
All requests for an adjudicatory hearing with the department shall be in writing and shall 19
be filed with the department or clerk within twenty (20) calendar days of receipt of the contested 20
agency action for all enforcement actions, including appeal of an administrative penalty. All license 21
and permit appeals shall be filed with the director of the department of coastal resources within 22
thirty (30) calendar days of receipt of the contested agency action. Every notice of contested agency 23
action shall provide notice of the twenty (20) day or thirty (30) day appeal period and of the 24
procedures for filing an appeal. The time and manner of filing established in this chapter are 25
mandatory and jurisdictional. 26
46-23-26. Severability. 27
If any provision of this chapter or the application thereof to any person or circumstances is 28
held invalid, that invalidity shall not affect other provisions or applications of the chapter, which 29
shall be given effect without the invalid provision or application, and to this end the provisions of 30
this chapter are declared to be severable. 31
SECTION 4. Sections 46-23-2.1, 46-23-5, 46-23-6.3 and 46-23-12 of the General Laws in 32
Chapter 46-23 entitled "Coastal Resources Management Council" are hereby repealed. 33
46-23-2.1. Members — Term of office — Vacancies. 34
LC002100 - Page 36 of 38
(a) The term of office of the appointed members shall be three (3) years, only so long as 1
the members shall remain eligible to serve on the council under the appointment authority. 2
(b) The members are eligible for successive appointments. 3
(c) Elected or appointed municipal officials shall hold seats on the council, only so long as 4
they remain in their elected or appointed office. 5
(d) A vacancy other than by expiration shall be filled in the manner of the original 6
appointment but only for the unexpired portion of the term. The governor shall have the power to 7
remove his or her appointee for just cause. 8
46-23-5. Expenses of members. 9
(a) The members of the council and the chairperson shall not be compensated for their 10
service on the board, but the members and chairperson shall be reimbursed for their actual expenses 11
necessarily incurred in the performance of their duties. 12
(b) [Deleted by P.L. 2005, ch. 117, art. 21, § 34.] 13
46-23-6.3. Tolling of expiration periods. 14
(a) Notwithstanding any other provision set forth in this chapter, all periods pertaining to 15
the expiration of any approval or permit issued pursuant to any state statute or any regulation 16
promulgated thereto pertaining to the development of property shall be tolled until June 30, 2016. 17
For the purposes of this section, “tolling” means the suspension or temporary stopping of the 18
running of the applicable permit or approval period. 19
(b) Said tolling need not be recorded in the land evidence records to be valid, however, a 20
notice of the tolling must be posted in the municipal planning department and near the land evidence 21
records. 22
(c) The tolling shall apply only to approvals or permits in effect on November 9, 2009, and 23
those issued between November 9, 2009, and June 30, 2016, and shall not revive expired approvals 24
or permits. 25
(d) The expiration dates for all permits and approvals issued before the tolling period began 26
will be recalculated as of July 1, 2016, by adding thereto the number of days between November 27
9, 2009, and the day on which the permit or approval would otherwise have expired. The expiration 28
dates for all permits and approvals issued during the tolling period will be recalculated as of July 29
1, 2016, by adding thereto the number of days between the day the permit or approval was issued 30
and the day the permit or approval otherwise would have expired. 31
46-23-12. Representation from coastal communities. 32
Upon the expiration of a term of a member appointed by the governor, as an appointed or 33
elected official of local government from a coastal municipality as set out in § 46-23-2, the governor 34
LC002100 - Page 37 of 38
shall appoint an appointed or elected official of a coastal municipality which, at the time of the 1
governor’s appointment, has no appointed or ex officio representation on the council. 2
SECTION 5. This act shall take effect upon passage. 3
========
LC002100
========
LC002100 - Page 38 of 38
EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO WATERS AND NAVIGATION -- COASTAL RESOURCES MANAGEMENT
COUNCIL
***
This act would replace the coastal resources management council with a state department 1
of coastal resources and transfers all of the powers and duties between the two (2) authorities. 2
This act would take effect upon passage. 3
========
LC002100
========