2025 -- H 5453
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LC000326
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S T A T E O F R H O D E I S L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2025
____________
A N A C T
RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF
ENVIRONMENTAL MANAGE MENT
Introduced By: Representatives Edwards, Cortvriend, Finkelman, Knight, Kislak,
Fogarty, Shanley, Speakman, Tanzi, and Abney
Date Introduced: February 12, 2025
Referred To: House State Government & Elections
It is enacted by the General Assembly as follows:
SECTION 1. Section 42-17.1-4 of the General Laws in Chapter 42-17.1 entitled 1
"Department of Environmental Management" is hereby amended to read as follows: 2
42-17.1-4. Divisions within department. 3
Within the department of environmental management there are established the following 4
divisions: 5
(1) A division of parks and recreation that shall carry out those functions of the department 6
relating to the operation and maintenance of parks and recreation areas and the establishment and 7
maintenance of such additional recreation areas as may from time to time be acquired and such 8
other functions and duties as may, from time to time, be assigned by the director; 9
(2) A division of fish and wildlife management that shall carry out those functions of the 10
department relating to the administration and management of hunting and freshwater fishing; the 11
preservation of wetlands, marsh lands, freshwater lakes, streams, ponds, and wildlife; and such 12
other related functions and duties as may be assigned by the director; 13
(3) A division of agriculture that shall carry out those functions of the department relating 14
to agriculture, and such other functions and duties as may from time to time be assigned by the 15
director, including, but not limited to, plant industry, farm viability, marketing and promotion, 16
farmland ecology and protection, plant and animal health and quarantine, pesticides, mosquito 17
abatement, pest survey and response, food policy and security, and, in collaboration with the 18
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department of health, public health as it relates to farm production and direct marketing of farm 1
products, and those agreed upon through memorandum of agreement with the department of health 2
or other state agencies. The department of health shall continue to act as the lead agency for all 3
public health issues in the state pursuant to chapter 1 of title 23. Nothing herein contained shall 4
limit the department of health's statutory authority, nor shall any provision herein be construed as 5
a limitation upon the statutory authority of the department of health granted to the department under 6
title 23, nor shall any provision herein be construed to limit the authority of the department of 7
environmental management to enter into memoranda of agreement with any governmental agency. 8
The chief of the division of agriculture shall report directly to the director; 9
(4) A division of coastal resources that shall carry out those functions of the department 10
relating to harbors and harbor lines, pilotage, flood control, shore development, construction of port 11
facilities, and the registration of boats and such other functions and duties as may, from time to 12
time, be assigned by the director, except that the division shall not be responsible for the functions 13
of inspection of dams and reservoirs, approving plans for construction or improvement of dams, 14
reservoirs, and other structures in non-tidal waters, and the operation of stream-gauging stations in 15
cooperation with the United States Geological Survey, and provided, further, that the division and 16
its staff shall be responsible through the director of environmental management to the coastal 17
resources management council, and the chief and the staff of the division shall serve as staff to the 18
council; 19
(5) A division of planning and development that shall carry out those functions of the 20
department relating to planning, programming, acquisition of land, engineering studies, and such 21
other studies, as the director may direct, and that shall work with the Rhode Island board of 22
education, with educational institutions at all levels, and with the public in the dissemination of 23
information and education relating to natural resources, and shall perform the publication and 24
public relations functions of the department, the functions of inspection of dams and reservoirs, 25
approving plans for construction or improvement of dams, reservoirs, and other structures in non-26
tidal waters, and the operation of stream-gauging stations in cooperation with the United States 27
Geological Survey; 28
(6) A division of enforcement that shall enforce all of the laws and regulations of the 29
department and the coastal resources management council, that shall cooperate with the other 30
enforcement agencies of the state and its municipalities, and that shall administer all of the policing, 31
enforcing, licensing, registration, and inspection functions of the department and such other 32
functions and duties as may, from time to time, be assigned by the director; 33
(7) A division of forest environment that shall carry out those functions of the department 34
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relating to the administration of forests and natural areas, including programs for utilization, 1
conservation, forest fire protection, and improvements of these areas; assisting other agencies and 2
local governments in urban programs relating to trees, forests, green belts, and environment and 3
such other functions and duties as may, from time to time, be assigned by the director; 4
(8)(i) A division of boating safety that shall carry out those functions of the department 5
relating to the development and administration of a coordinated, safe boating program in 6
accordance with the Model Safe Boating Act of 1971 as approved by the National Association of 7
State Boating Law Administrators. 8
(ii) Administration of the division of boating safety shall be the responsibility of the state 9
boating law administrator whose duties shall include: 10
(A) The enforcement of all laws relating to the act; and 11
(B) The powers vested in the state boating law administrator and boating safety 12
enforcement officer shall include the enforcement of laws, rules and regulations relating to 13
"Regulation of Boats," chapter 22 of title 46 and shall also include the power to: 14
(I) Execute all warrants and search warrants for the violation of laws, rules, and regulations 15
relating to the act. 16
(II) Serve subpoenas issued for the trial of all offenses hereunder. 17
(III) To carry firearms or other weapons, concealed or otherwise, in the course of, and in 18
performance of, their duties under this chapter. 19
(IV) To arrest without warrant and on view any person found violating any law, rule, or 20
regulation relating to the act; take that person before a court having jurisdiction for trial; detain that 21
person in custody at the expense of the state until arraignment; and to make and execute complaints 22
within any district to the justice or clerk of the court against any person for any of the offenses 23
enumerated under the act committed within the district. 24
(V) Boating safety enforcement officers shall not be required to give surety for costs upon 25
any complaint made by him or her. 26
(iii) The development and administration of a coordinated, safe boating program. 27
(iv) The establishment and enforcement of such rules and regulations as are deemed 28
necessary to achieve the purposes of the Model Safe Boating Act as approved by the state boating 29
law administrators. 30
(v) The state boating law administrator shall serve as the liaison to the United States Coast 31
Guard; and 32
(9) A division of marine fisheries management that shall carry out those functions of the 33
department relating to the administration, management, and harvest of marine animal and plant 34
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species found in Rhode Island marine waters, including, but not limited to: stock assessments of 1
marine species; harvest of marine species regulated under a regional federal fisheries management 2
plan; the review of aquaculture applications before the CRMC; a commercial fishing licensing 3
program; fixing seasons, bag limits, size limits, possession limits, and methods of taking on any 4
marine plant and animal species; and such other related functions and duties as may be assigned by 5
the director; and 6
(10) A division of coastal resources management that shall carry out those functions of the 7
department relating to dredging in tidal waters and as such, through the director of environmental 8
management, shall have the duties and responsibilities set forth in chapter 23 of title 46. 9
SECTION 2. Section 46-1.1-1 of the General Laws in Chapter 46-1.1 entitled "Consistency 10
of Interpretation" is hereby amended to read as follows: 11
46-1.1-1. Consistency of interpretation with title 46, chapter 23. 12
Sections 46-1-1, 46-1-2, 46-2-2, 46-2-4, 46-6-1, 46-6-2 and 46-6-6 shall be interpreted in 13
a manner consistent with the designation of the division of coastal resources management council 14
within the department of environmental management, as the lead state agency for dredging as 15
provided for in § 46-23-1(e). 16
SECTION 3. Section 46-6.1-5 of the General Laws in Chapter 46-6.1 entitled 17
"Maintenance of Marine Waterways and Boating Facilities" is hereby amended to read as follows: 18
46-6.1-5. Comprehensive plan for dredged material management. 19
(a) The division of coastal resources management council shall prepare, adopt and 20
maintain, pursuant to § 46-23-1(e), a comprehensive plan for dredged material management for 21
dredging that takes place in the coastal zone. The plan shall include, among other matters: 22
(1) Coastal zone and upland areas that are deemed suitable, depending on the nature and 23
characteristics of the dredged material, for the beneficial use and disposal of dredged material; 24
(2) Approved sites and/or types of areas suitable for dewatering; and 25
(3) Protocols for monitoring dredged material disposal sites in the coastal zone. 26
(b) The director shall by January 31, 2002, adopt by rule a list of upland sites and types of 27
areas suitable for beneficial use and disposal of dredged materials, and shall adopt such revisions 28
as may be necessary to the list no less frequently than biennially thereafter, which list shall be 29
incorporated in the comprehensive plan for dredged material management. 30
SECTION 4. The title of Chapter 46-23 of the General Laws entitled "Coastal Resources 31
Management Council" is hereby amended to read as follows: 32
CHAPTER 46-23 33
Coastal Resources Management Council 34
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CHAPTER 46-23 1
DIVISION OF COASTAL RESOURCES MANAGEMENT 2
SECTION 5. Sections 46-23-1, 46-23-2, 46-23-4.1, 46-23-6, 46-23-6.1, 46-23-6.2, 46-23-3
7, 46-23-7.1, 46-23-7.2, 46-23-7.4, 46-23-7.5, 46-23-8, 46-23-9, 46-23-10, 46-23-11, 46-23-13, 46-4
23-14, 46-23-15, 46-23-15.1, 46-23-16, 46-23-18, 46-23-18.1, 46-23-18.2, 46-23-18.3, 46-23-18.4, 5
46-23-18.5, 46-23-18.6, 46-23-20, 46-23-20.1, 46-23-20.2, 46-23-20.3, 46-23-20.4, 46-23-20.5, 6
46-23-20.6, 46-23-21, 46-23-22, 46-23-23, 46-23-24, 46-23-25 and 46-23-26 of the General Laws 7
in Chapter 46-23 entitled "Coastal Resources Management Council" are hereby amended to read 8
as follows: 9
46-23-1. Legislative findings. 10
(a)(1) Under article 1, § 17 of the Rhode Island Constitution, the people shall continue to 11
enjoy and freely exercise all the rights of fishery, and the privileges of the shore, to which they 12
have been heretofore entitled under the charter and usages of this state, including, but not limited 13
to, fishing from the shore, the gathering of seaweed, leaving the shore to swim in the sea and 14
passage along the shore; and they shall be secure in their rights to use and enjoyment of the natural 15
resources of the state with due regard for the preservation of their values; and it is the duty of the 16
general assembly to provide for the conservation of the air, land, water, plant, animal, mineral and 17
other natural resources of the state, and to adopt all means necessary and proper by law to protect 18
the natural environment of the people of the state by providing adequate resource planning for the 19
control and regulation of the use of the natural resources of the state and for the preservation, 20
regeneration, and restoration of the natural environment of the state. 21
(2) The general assembly recognizes and declares that the coastal resources of Rhode 22
Island, a rich variety of natural, commercial, industrial, recreational, and aesthetic assets, are of 23
immediate and potential value to the present and future development of this state; that unplanned 24
or poorly planned development of this basic natural environment has already damaged or destroyed, 25
or has the potential of damaging or destroying, the state's coastal resources, and has restricted the 26
most efficient and beneficial utilization of these resources; that it shall be the policy of this state to 27
preserve, protect, develop, and, where possible, restore the coastal resources of the state for this 28
and succeeding generations through comprehensive and coordinated long range planning and 29
management designed to produce the maximum benefit for society from these coastal resources; 30
and that preservation and restoration of ecological systems shall be the primary guiding principle 31
upon which environmental alteration of coastal resources will be measured, judged, and regulated. 32
(b)(1) That effective implementation of these policies is essential to the social and 33
economic well-being of the people of Rhode Island because the sea and its adjacent lands are major 34
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sources of food and public recreation, because these resources are used by and for industry, 1
transportation, waste disposal, and other purposes, and because the demands made on these 2
resources are increasing in number, magnitude, and complexity; and that these policies are 3
necessary to protect the public health, safety, and general welfare. Pursuant to 16 U.S.C. § 1452 4
("The Coastal Zone Management Act"), the general assembly hereby directs the division of coastal 5
resources management council (referred to as "CRMC" "DCRM") to exercise effectively its 6
responsibilities in the coastal zone through the development and implementation of management 7
programs to achieve wise use of the land and water resources of the coastal zone. 8
(2) Furthermore, that implementation of these policies is necessary in order to secure the 9
rights of the people of Rhode Island to the use and enjoyment of the natural resources of the state 10
with due regard for the preservation of their values, and in order to allow the general assembly to 11
fulfill its duty to provide for the conservation of the air, land, water, plant, animal, mineral, and 12
other natural resources of the state, and to adopt all means necessary and proper by law to protect 13
the natural environment of the people of the state by providing adequate resource planning for the 14
control and regulation of the use of the natural resources of the state and for the preservation, 15
regeneration, and restoration of the natural environment of the state. 16
(c) That these policies can best be achieved through the creation of a division of coastal 17
resources management, within the department of environmental management, council as the 18
principal mechanism for management of the state's coastal resources. 19
(d) The general assembly recognizes and declares that maintenance dredging is required to 20
remove natural silt accumulations; Rhode Island has not had a general maintenance dredging policy 21
and programs for ports, port facilities, channels, harbors, public and private marinas and boating 22
facilities, recreational facilities and habitat areas; other major coastal states have maintenance 23
dredging policies and in-water maintenance dredge disposal sites; as a result of the lack of a general 24
maintenance dredging policy and program and as a result there has been: 25
(1) A decrease in the depth of the Providence Channel from forty-four (44) feet in 1971 to 26
twenty-four (24) feet in 1996; 27
(2) Navigational restrictions on ocean going vessels through the state's waterways and 28
channels; and 29
(3) A decrease in the number of available slips and moorings at marinas throughout the 30
state; and the lack of a maintenance dredging policy and programs have significant adverse 31
environmental and economic effects on the state and therefore it is in the best interest of the state, 32
the cities and towns of the state, and the citizens thereof for the state to have a general maintenance 33
dredging policy and programs to resolve issues related to dredge maintenance and disposal and 34
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avoid future significant direct and indirect adverse impact on the environment and economy of the 1
state. 2
(e) The division of coastal resources management, within the department of environmental 3
management, council is hereby designated as the lead state agency for purposes of dredging in tidal 4
waters and as such shall have the following duties and responsibilities: 5
(1) To coordinate the interest of the state with regard to dredging; 6
(2) To formulate and adopt a state policy with regard to dredging which integrates those 7
interests; 8
(3) To cooperate with, negotiate, and to enter into agreements on behalf of the state with 9
the federal government and with other public bodies and private parties with regard to dredging; 10
(4) To act as the initial and primary point of contact for all applications to the state for 11
dredging projects in tidal waters; 12
(5) To develop, prepare, adopt pursuant to § 46-23-11, implement, and maintain a 13
comprehensive plan for dredge material management; and 14
(6) To cooperate and coordinate with the departments of environmental management, 15
transportation, administration, and health, and the economic development corporation in the 16
conduct of these duties and responsibilities. 17
(f)(1) The legislature recognizes that under Article I, § 17, the submerged lands of the state 18
are impressed with a public trust and that the state is responsible for the protection of the public's 19
interest in these lands. The state maintains title in fee to all soil within its boundaries that lies below 20
the high water mark, and it holds that land in trust for the use of the public. In benefiting the public, 21
the state preserves certain public rights which include, but are not limited to, fishery, commerce, 22
and navigation in these waters and the submerged lands that they cover. 23
(2) Since its establishment in 1971, the CRMC has had the authority to manage and plan 24
for the preservation of the coastal resources of the state including, but not limited to, submerged 25
lands. This authority is hereby transferred to the division of coastal resources management within 26
the department of environmental management. The legislature hereby declares that, in light of the 27
unique size, scope, and overall potential impact upon the environment of large scale filling projects 28
involving twenty-five (25) acres or more, any lease of tidal lands, or any license to use those lands, 29
is subject to approval, disapproval, or conditional approval by the direct enactment of the general 30
assembly by legislative action. The CRMC DCRM shall review all requests for leases, licenses to 31
use the land, and other authority to use the land made by any applicant prior to presentation of the 32
request to the general assembly, and the CRMC DCRM shall make recommendations on the request 33
to the general assembly. With the exception of any and all projects to fill land of twenty-five (25) 34
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acres or more, the general assembly hereby recognizes and declares that the CRMC DCRM is 1
delegated the sole and exclusive authority for the leasing of submerged and filled lands and giving 2
licenses for the use of that land. Accordingly, the CRMC DCRM will develop, coordinate, and 3
adopt a system for the leasing of submerged and filled lands, and licenses for the use of that land, 4
and will ensure that all leases and licenses are consistent with the public trust. Pursuant thereto, the 5
CRMC DCRM shall impose a maximum fee of eighty thousand dollars ($80,000) per annum for 6
any transatlantic cable that makes landfall in Rhode Island. All such fees collected shall be 7
deposited into the Bays, Rivers and Watersheds Fund, established pursuant to § 46-31-12.1, and 8
shall be disbursed according to the purposes of that fund. Nothing contained in this subsection 9
negates, repeals, or alters the provisions, processes, and requirements for the leasing of submerged 10
land for the conduct of aquaculture as set out under chapter 10 of title 20. Therefore, nothing in this 11
chapter shall be construed to limit or impair the authority of the state, or any duly established agency 12
of the state, to regulate filling or dredging affecting tidal lands owned by the state or any other 13
entity, and nothing in this chapter shall be construed to limit or impair the obligation of the applicant 14
to obtain all applicable regulatory approvals. Specifically, and without limiting the foregoing, 15
nothing in this subsection negates, repeals, or alters the provisions, processes, and requirements for 16
water quality certification contained in chapter 12 of this title. 17
(3) Definitions. As used in this chapter the following words, unless the context clearly 18
requires otherwise, shall have the following meanings: 19
(i) "Department" or "DEM" means the department of environmental management. 20
(ii) "Director" means the director of the department of environmental management, or their 21
duly appointed agent, unless stated otherwise. 22
(iii) "Division" or "DCRM" means the division of coastal resources management. 23
(i)(iv) "Filled land" means portions of tidal lands which have been rendered by the acts of 24
man to be no longer subject to tidal action or beneath tidal waters. 25
(iii)(v) "Mean high water" means a line of contour representing the 18.6 year average as 26
determined by the metonic cycle and/or its equivalent as evidenced by the records, tidal datum, and 27
methodology of the United States Coastal Geodetic Survey within the National Oceanic and 28
Atmospheric Administration. 29
(ii)(vi) "Tidal Lands" means those lands that are below the mean high water. 30
46-23-2. Coastal resources management council created — Appointment of members 31
Transfer of authority from coastal resources management council to the division of coastal 32
resources management within the department of environmental management. 33
(a) There is hereby created the coastal resources management council. The coastal 34
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resources management council shall consist of ten (10) members. Nine (9) members shall be 1
appointed by the governor, with advice and consent of the senate, and one member shall serve ex 2
officio. All current appointments to the coastal resources management council made by the 3
governor with advice and consent of the senate are hereby validated and ratified and those 4
appointees shall serve for the remainder of their term. 5
(1) Six (6) of the members shall be appointed or elected officials of local government: three 6
(3) of whom shall be appointed or elected officials in a municipality of fewer than twenty-five 7
thousand (25,000) in population, three (3) of whom shall be appointed or elected officials in a 8
municipality of more than twenty-five thousand (25,000) in population. The populations are to be 9
determined by the latest federal census. Elected or appointed municipal officials shall hold seats on 10
the council only so long as they remain in their elected or appointed office. Each municipal 11
appointment shall cease if the appointed or elected official shall no longer hold or change the office 12
which they held upon appointment. At least five (5) out of the six (6) appointed or elected members 13
must be appointed or elected in a coastal municipality. When the governor submits his or her 14
appointments to the senate for advice and consent, the governor shall specify the appointed or 15
elected office that each municipal appointment holds; the population of the municipality 16
represented; and the member being replaced. 17
(2) Three (3) members shall be appointed by the governor from the public, with the advice 18
and consent of the senate, one of the public members and his or her successors shall reside in a 19
coastal municipality. 20
(3) All members shall serve until their successors are appointed and qualified; during the 21
month of January, the governor shall appoint, with the advice and consent of the senate, a member 22
to succeed the members whose term will then next expire for a term of three (3) years commencing 23
on the first day of February next following and until their successor is named and qualified. A 24
member shall be eligible for successive appointments. No more than two (2) persons on the council 25
shall be from the same municipality. A vacancy other than by expiration shall be filled in the 26
manner of the original appointment but only for the unexpired portion of the term. 27
(4) The director of the department of environmental management, or their designee, shall 28
serve ex officio. The ex-officio member shall not be counted as serving from any particular 29
municipality. 30
(b) In addition to the foregoing voting members, the council may include a varying number 31
of other members who may serve in an advisory capacity without the right to vote and who may be 32
invited to serve by either the governor or the voting members. These advisory members may 33
represent the federal agencies such as the navy, coast guard, corps of engineers, public health 34
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service, and the Federal Water Pollution Control Administration, and such regional agencies as the 1
New England River Basins Commission and the New England Regional Commission and any other 2
group or interest not otherwise represented. 3
(c) There may be established a coastal resources advisory committee which committee, 4
appointed by the executive director of the coastal resources management council, may include, but 5
not be limited to, representation from the following groups: one of whom may be a representative 6
of the university of Rhode Island graduate school of oceanography and the college of resources 7
development, one of whom may be a representative of the Sea Grant National College Program, 8
one of whom may be a representative of the army corps of engineers, one of whom may be a 9
representative of the federal environmental protection agency's Narragansett Bay laboratory, one 10
of whom shall be a representative of the coastal resources management council, one of whom may 11
be the director of the department of environmental management; one of whom may be a member 12
of the Rhode Island Marine Trade Association and one of whom may be a representative of a 13
regional environmental group. The council shall have the authority to appoint these additional 14
members to the advisory committee as is deemed necessary or advisable by the advisory committee 15
or the council. It shall be the responsibility of the committee to advise the coastal resources 16
management council on environmental issues relating to dredging and permitting related thereto, 17
including, but not limited to, those issues defined in §§ 46-23-18.1 — 46-23-18.3, inclusive. 18
(d) The council shall have the authority to form committees of other advisory groups as 19
needed from both its own members and others. 20
(a) Whenever, in any general law, public law or regulation the words "coastal resources 21
management council", the "council" or "CRMC" shall appear, the same shall be deemed to refer to 22
and to mean the "division of coastal resources management." Whenever, in any general law, public 23
law or regulation the words "chairman" or "chairperson of the coastal resources management 24
council" shall appear, the same shall be deemed to refer to and mean the "director of the department 25
of environmental management". 26
(b) The director of the department of environmental management ("director") assuming 27
any duties formerly imposed upon any other department, division, board, commission, or other 28
agency shall perform those duties, notwithstanding that those duties were formerly performed by a 29
board, council, or a single officer. Any ruling, decision, or order formally made by the council with 30
regard to matters within their jurisdiction shall be subject to any existing right of appeal to a court 31
of competent jurisdiction. 32
46-23-4.1. Executive director of coastal resources management Assistant director of 33
the division of coastal resources management. 34
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The governor shall appoint, with the advice and consent of the senate, an executive 1
assistant director of the division of coastal resources management who shall be an employee of the 2
council and who shall not be a member of the council. The executive director shall coordinate and 3
liaison with assistant to the director of the department of environmental management, and the 4
executive director's staff shall be at the same staff level as the other executive directors, and the 5
executive director shall work directly with the other division leaders. The executive director of 6
coastal resources management shall be in the unclassified service. The primary duty and 7
responsibility of the executive director shall be to continue planning for and management of the 8
resources of the state's coastal region. 9
46-23-6. Powers and duties — Rights-of-way Continuing authorities – Powers and 10
duties – Rights-of-way. 11
All prior actions taken by the coastal resources management council including, but not 12
limited to, permits issued, enforcement actions taken, special area management plans, policies and 13
all duly promulgated regulations remain valid and enforceable by the department of environmental 14
management. In order to properly manage coastal resources the council has division is empowered 15
to exercise all the functions, powers, and duties heretofore vested in the coastal resources 16
management council, subject to the authority of the department of environmental management, 17
including, but not limited to, the following powers and duties: 18
(1) Planning and management.(i) The primary responsibility of the council division shall 19
be the continuing planning for and management of the resources of the state's coastal region. The 20
council division shall be able to make any studies of conditions, activities, or problems of the state's 21
coastal region needed to carry out its responsibilities. 22
(ii) The resources management process shall include the following basic phases: 23
(A) Identify all of the state's coastal resources, water, submerged land, air space, fin fish, 24
shellfish, minerals, physiographic features, and so forth. 25
(B) Evaluate these resources in terms of their quantity, quality, capability for use, and other 26
key characteristics. 27
(C) Determine the current and potential uses of each resource. 28
(D) Determine the current and potential problems of each resource. 29
(E) Formulate plans and programs for the management of each resource, identifying 30
permitted uses, locations, protection measures, and so forth. 31
(F) Carry out these resources management programs through implementing authority and 32
coordination of state, federal, local, and private activities. 33
(G) Formulation of standards where these do not exist, and reevaluation of existing 34
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standards. 1
(H) To develop comprehensive programs for dredging in tidal waters and related beneficial 2
use, disposal, monitoring dewatering and transportation of dredge materials. 3
(I) To accept and administer loans and grants from the federal government and from other 4
sources, public or private, for the carrying out of any of its functions, which loans or grants shall 5
not be expended for other than the purposes for which provided. 6
(J) To encourage, participate in, or conduct studies, investigations, research, and 7
demonstrations relating to dredging, disposal of dredge materials and transportation thereof in the 8
tidal waters of the state as the coastal resources management council division of coastal resources 9
management may deem advisable and necessary for the discharge of its duties under this chapter. 10
(K) To collect and disseminate information relating to dredging, disposal of dredge 11
materials and transportation thereof within the tidal waters of the state. 12
(L) To work with the appropriate federal and state agencies to develop as provided for in 13
this chapter and in chapter 6.1 of this title, a comprehensive plan for dredging in tidal waters and 14
related beneficial use, disposal, monitoring dewatering and transportation of dredge materials. 15
(M) To apply for, accept and expend grants and bequests of funds, for the purpose of 16
carrying out the lawful responsibilities of the coastal resources management council division of 17
coastal resources management. 18
(iii) An initial series of resources management activities shall be initiated through this basic 19
process, then each phase shall continuously be recycled and used to modify the council's division's 20
resources management programs and keep them current. 21
(iv) Planning and management programs shall be formulated in terms of the characteristics 22
and needs of each resource or group of related resources. However, all plans and programs shall be 23
developed around basic standards and criteria, including: 24
(A) The need and demand for various activities and their impact upon ecological systems. 25
(B) The degree of compatibility of various activities. 26
(C) The capability of coastal resources to support various activities. 27
(D) Water quality standards set by the director of the department of environmental 28
management. 29
(E) Consideration of plans, studies, surveys, inventories, and so forth prepared by other 30
public and private sources. 31
(F) Consideration of contiguous land uses and transportation facilities. 32
(G) Whenever possible consistency with the state guide plan. 33
(v) The council division shall prepare, adopt, administer, and cause to be implemented, 34
LC000326 - Page 13 of 36
including specifically through its powers of coordination as set forth in subdivision (3) of this 1
section, a marine resources development plan and such special area management plans as the 2
council division may determine to be appropriate or desirable as follows: 3
(A) Marine resources development plan. 4
(I) The purpose of the marine resources development plan shall be to provide an integrated 5
strategy for: (a) improving the health and functionality of Rhode Island's marine ecosystem; (b) 6
providing for appropriate marine-related economic development; and (c) promoting the use and 7
enjoyment of Rhode Island's marine resources by the people of the state. 8
(II) The marine resources development plan shall include specific goals and objectives 9
necessary to accomplish its purposes, performance measures to determine progress toward 10
achieving such goals and objectives, and an implementation program. 11
(III) The marine resources development plan shall be prepared in cooperation with the 12
department of environmental management, the statewide planning program, and the commerce 13
corporation, with the involvement of such other state agencies as may be appropriate, and with such 14
technical support as may be necessary and appropriate from the Narragansett Bay Estuary Program, 15
the Coastal Institute at the University of Rhode Island, and Rhode Island Sea Grant. 16
(IV) The plan shall be responsive to the requirements and principles of the federal coastal 17
zone management act as amended, including, but not limited to, the expectations of the act for 18
incorporating the federal Clean Water Act into coastal zone management programs. 19
(V) The marine resources development plan shall take into account local land use 20
management responsibilities as provided for under title 45 and harbor management responsibilities, 21
and the preparation of the plan shall include opportunities for involvement and/or comment by 22
cities and towns. 23
(VI) The marine resources development plan shall be adopted by the council division in 24
accordance with the provisions of this subsection by July 1, 2005, shall as appropriate incorporate 25
the recommendations of the Governor's Narragansett Bay and Watershed Planning Commission, 26
and shall be made consistent with systems level plans as appropriate, in order to effectuate the 27
purposes of systems level planning. The council division shall update the marine resources 28
development plan at least once every five (5) years. 29
(VII) The council division shall administer its programs, regulations, and implementation 30
activities in a manner consistent with the marine resources development plan. 31
(VIII) The marine resources development plan and any updates thereto shall be adopted as 32
appropriate as elements of the state guide plan pursuant to § 42-11-10. 33
(B) Special area management plans. 34
LC000326 - Page 14 of 36
(I) The council division shall adopt such special area management plans as deemed 1
necessary and desirable to provide for the integration and coordination of the protection of natural 2
resources, the promotion of reasonable coastal-dependent economic growth, and the improved 3
protection of life and property in the specific areas designated council by the department as 4
requiring such integrated planning and coordination. 5
(II) The integrated planning and coordination herein specified shall include, but not be 6
limited to, federal agencies, state agencies, boards, commissions, and corporations, including 7
specifically the commerce corporation, and cities and towns, shall utilize to the extent appropriate 8
and feasible the capacities of entities of higher education, including Rhode Island Sea Grant, and 9
shall provide for the participation of advocacy groups, community-based organizations, and private 10
persons. 11
(III) The council division shall administer its programs, regulations, and implementation 12
activities in a manner consistent with special area management plans. 13
(IV) Special area management plans and any updates thereto shall be adopted as 14
appropriate as elements of the state guide plan pursuant to § 42-11-10. 15
(2) Implementation. (i) The council department of environmental management is 16
authorized to formulate policies and plans and to adopt regulations necessary to implement its 17
various management programs. With respect to such policies and plans which relate to matters 18
where the coastal resources management council and the department of environmental management 19
have concurrent jurisdiction and upon formulation of the plans and regulations, the council division 20
shall, prior to adoption, submit the proposed plans or regulations to the director of the department 21
of environmental management for the director's review. The director shall review and submit 22
comments to the council division within thirty (30) days of submission to the director by the council 23
division. The comments of the director shall include findings with regard to the consistency of the 24
policies, plans and/or regulations with the requirements of laws administered by the department of 25
environmental management. The council division shall consider the director's comments prior to 26
adoption of any such policies, plans or regulations and shall respond in writing to findings of the 27
director with regard to the consistency of said policies, plans and/or regulations with the 28
requirements of laws administered by the department. 29
(ii)(A) The council division shall have exclusive jurisdiction below mean high water for 30
all development, operations, and dredging, consistent with the requirements of chapter 6.1 of this 31
title and except as necessary for consistent with the department of environmental management to 32
exercise its powers and duties. and to fulfill its responsibilities pursuant to §§ 42-17.1-2 and 42-33
17.1-24, and any Any person, firm, or governmental agency proposing any development or 34
LC000326 - Page 15 of 36
operation within, above, or beneath the tidal water below the mean high water mark, extending out 1
to the extent of the state's jurisdiction in the territorial sea, shall be required to demonstrate that its 2
proposal would not: 3
(I) Conflict with any resources management plan or program; 4
(II) Make any area unsuitable for any uses or activities to which it is allocated by a 5
resources management plan or program adopted by the council department of environmental 6
management; or 7
(III) Significantly damage the environment of the coastal region. 8
(B) The council division, under the jurisdiction of the department of environmental 9
management, shall be authorized to approve, modify, set conditions for, or reject any such proposal. 10
(iii) The authority of the council division over land areas (those areas above the mean high 11
water mark) shall be limited to two hundred feet (200′) from the coastal physiographic feature or 12
to that necessary to carry out effective resources management programs. This shall be limited to 13
the authority to approve, modify, set conditions for, or reject the design, location, construction, 14
alteration, and operation of specified activities or land uses when these are related to a water area 15
under the agency's jurisdiction, regardless of their actual location. The council's division's authority 16
over these land uses and activities shall be limited to situations in which there is a reasonable 17
probability of conflict with a plan or program for resources management or damage to the coastal 18
environment. These uses and activities are: 19
(A) Power generating over forty (40) megawatts and desalination plants. 20
(B) Chemical or petroleum processing, transfer, or storage. 21
(C) Minerals extraction. 22
(D) Shoreline protection facilities and physiographical features, and all directly associated 23
contiguous areas which are necessary to preserve the integrity of the facility and/or features. 24
(E) Coastal wetlands and all directly associated contiguous areas which are necessary to 25
preserve the integrity of the wetlands including any freshwater wetlands located in the vicinity of 26
the coast. The actual determination of freshwater wetlands located in coastal vicinities and under 27
the jurisdiction of the coastal resources management council division of coastal resources 28
management shall be designated on such maps that are agreed to in writing and made available for 29
public use by the coastal resources management council division of coastal resources management 30
and the director, department of environmental management, within three (3) months of [August 6, 31
1996]. The CRMC DCRM shall have exclusive jurisdiction over the wetlands areas described in 32
this section notwithstanding any provision of chapter 1, title 2 or any other provision, except as 33
provided in subsection (iv) of this section. Within six (6) months of [August 6, 1996] the council 34
LC000326 - Page 16 of 36
The division in cooperation with the director shall develop and maintain rules and regulations for 1
the management and protection of freshwater wetlands, affected by an aquaculture project, outside 2
of those freshwater wetlands located in the vicinity of the coast and under the exclusive jurisdiction 3
of the director of the department of environmental management. For the purpose of this chapter, a 4
"coastal wetland" means any salt marsh bordering on the tidal waters of this state, whether or not 5
the tidal waters reach the littoral areas through natural or artificial watercourses, and those uplands 6
directly associated and contiguous thereto which are necessary to preserve the integrity of that 7
marsh. Marshes shall include those areas upon which grow one or more of the following: smooth 8
cordgrass (spartina alterniflora), salt meadow grass (spartina patens), spike grass (distichlis 9
spicata), black rush (juncus gerardi), saltworts (salicornia spp.), sea lavender (limonium 10
carolinianum), saltmarsh bulrushes (scirpus spp.), hightide bush (iva frutescens), tall reed 11
(phragmites communis), tall cordgrass (spartina pectinata), broadleaf cattail (typha latifolia), 12
narrowleaf cattail (typha angustifolia), spike rush (eleocharis rostellata), chairmaker's rush (scirpus 13
amercana), creeping bentgrass (agrostis palustris), sweet grass (hierochloe odorata), and wild rye 14
(etlymus virginicus). 15
(F) Sewage treatment and disposal and solid waste disposal facilities. 16
(G) Beneficial use, dewatering, and disposal of dredged material of marine origins, where 17
such activities take place within two hundred feet (200′) of mean high water or a coastal 18
physiographic feature, or where there is a reasonable probability of conflict with a plan or program 19
for resources management or damage to the coastal environment. 20
(iv) Notwithstanding the provisions of subsections (ii) and (iii) above, the department of 21
environmental management shall maintain jurisdiction over the administration of chapter 1, title 2, 22
including permitting of freshwater wetlands alterations and enforcement, with respect to all 23
agricultural activities undertaken by a farmer, as that term is defined in § 2-1-22(j), wherever 24
located; provided, however, that with respect to activities located partially or completely within 25
two hundred feet (200′) of the coastal physiographic feature, the department shall exercise 26
jurisdiction in consultation with the council division. 27
(3) Coordination. The council division, under the jurisdiction of the department of 28
environmental management, has the following coordinating powers and duties: 29
(i) Functioning as a binding arbitrator in any matter of dispute involving both the resources 30
of the state's coastal region and the interests of two (2) or more municipalities or state agencies. 31
(ii) Consulting and coordinating actions with local, state, regional, and federal agencies 32
and private interests. 33
(iii) Conducting or sponsoring coastal research. 34
LC000326 - Page 17 of 36
(iv) Advising the governor, the general assembly, and the public on coastal matters. 1
(v) Serving as the lead state agency and initial and primary point of contact for dredging 2
activities in tidal waters and in that capacity, integrating and coordinating the plans and policies of 3
other state agencies as they pertain to dredging in order to develop comprehensive programs for 4
dredging as required by subparagraph (1)(ii)(H) of this section and chapter 6.1 of this title. The 5
Rhode Island resource recovery corporation prior to purchasing cover material for the state landfill 6
shall first contact the CRMC DCRM to see if there is a source of suitable dredged material available 7
which shall be used in place of the purchase cover material. Other state agencies engaged in the 8
process of dump closures shall also contact the CRMC DCRM to see if there is a source of suitable 9
dredged material available, which shall be used in place of the purchase cover material. In addition, 10
cities and towns may contact the CRMC DCRM prior to closing city or town controlled dump sites 11
to see if there is a source of suitable dredge material available, which may be used in place of the 12
purchase cover material. 13
(vi) Acting as the state's representative to all bodies public and private on all coastal and 14
aquaculture related matters. 15
(4) Operations. The council division, under the jurisdiction of the department of 16
environmental management, is authorized to exercise the following operating functions, which are 17
essential to management of coastal resources: 18
(i) Issue, modify, or deny permits for any work in, above, or beneath the areas under its 19
jurisdiction, including conduct of any form of aquaculture. 20
(ii) Issue, modify, or deny permits for dredging, filling, or any other physical alteration of 21
coastal wetlands and all directly related contiguous areas which are necessary to preserve the 22
integrity of the wetlands, including, but not limited to, the transportation and disposal of dredge 23
materials in the tidal waters. 24
(iii) Grant licenses, permits, and easements for the use of coastal resources which are held 25
in trust by the state for all its citizens, and impose fees for private use of these resources. 26
(iv) Determining the need for and establishing pierhead, bulkhead, and harbor lines. 27
(v) Enforcing and implementing riparian rights in the tidal waters after judicial decisions. 28
(vi) The council division may require an owner or operator of a commercial wharf or pier 29
of a marine commercial facility, as defined in 300.3 of the Rhode Island coastal resources 30
management program, but not including those facilities defined in 300.4 of the Rhode Island coastal 31
resources management program, and which is capable of offloading cargo, and is or will be subject 32
to a new use or a significant intensification of an existing use, to demonstrate that the commercial 33
wharf or pier is fit for that purpose. For the purposes of this subsection, a "commercial wharf or 34
LC000326 - Page 18 of 36
pier" means a pier, bulkhead, wharf, docking facility, or underwater utilities. The council division 1
may order said owner or operator to provide an engineering certification to the council's division's 2
satisfaction that the commercial wharf or pier is fit for the new use or intensification of an existing 3
use. If the council division determines that the commercial wharf or pier is not fit, it may order the 4
owner or operator to undertake the necessary work to make the commercial wharf or pier safe, 5
within a reasonable time frame. If the council division determines that the commercial wharf or 6
pier, because of its condition, is an immediate threat to public health and safety it may order the 7
commercial wharf or pier closed until the necessary work to make the commercial wharf or pier 8
safe has been performed and approved by the council division. All work performed must conform 9
to the council's management program. The council is also given department of environmental 10
management shall have the authority to develop regulations to carry out this provision and to 11
impose administrative penalties of five thousand dollars ($5,000) per day up to a maximum of 12
twenty thousand dollars ($20,000) consistent with § 46-23-7.1 where there has been a violation of 13
the orders under this provision. 14
(5) Rights-of-way. (i) The council division is responsible for the designation of all public 15
rights-of-way to the tidal water areas of the state, and shall carry on a continuing discovery of 16
appropriate public rights-of-way to the tidal water areas of the state. 17
(ii) The council division shall maintain a complete file of all official documents relating to 18
the legal status of all public rights-of-way to the tidal water areas of the state. 19
(iii)(A) The council department of environmental management has the power to designate 20
for acquisition and development, and posting, and all other functions of any other department for 21
tidal rights-of-way and land for tidal rights-of-way, parking facilities, and other council related 22
purposes. 23
(B) Further, the council division has the power to develop and prescribe a standard sign to 24
be used by the cities and towns to mark designated rights-of-way. 25
(iv) In conjunction with this subdivision, every state department controlling state-owned 26
land close to or adjacent to discovered rights-of-way is authorized to set out the land, or so much 27
of the land that may be deemed necessary for public parking. 28
(v) No use of land for public parking shall conflict with existing or intended use of the land, 29
and no improvement shall be undertaken by any state agency until detailed plans have been 30
submitted to and approved by the governing body of the local municipality. 31
(vi) In designating rights-of-way, the council division shall consider the following matters 32
in making its designation: 33
(A) Land evidence records; 34
LC000326 - Page 19 of 36
(B) The exercise of domain over the parcel such as maintenance, construction, or upkeep; 1
(C) The payment of taxes; 2
(D) The creation of a dedication; 3
(E) Public use; 4
(F) Any other public record or historical evidence such as maps and street indexes; 5
(G) Other evidence as set out in § 42-35-10. 6
(vii) A determination by the council division that a parcel is a right-of-way shall be decided 7
by substantial evidence. 8
(viii) The council division shall be notified whenever by the judgment of the governing 9
body of a coastal municipality, a public right-of-way to tidal water areas located in such 10
municipality has ceased to be useful to the public, and such governing body proposes an order of 11
abandonment of such public right-of-way. Said notice shall be given not less than sixty (60) days 12
prior to the date of such abandonment. 13
(6) Pre-existing residential boating facilities. (i) The council division, under the jurisdiction 14
of the department of environmental management, is hereby authorized and empowered to issue 15
assent for pre-existing residential boating facilities constructed prior to January 1, 1985. These 16
assents may be issued for pre-existing residential boating facilities, even though such facilities do 17
not meet current standards and policies of the council division; provided, however, that the council 18
division finds that such facilities do not pose any significant risk to the coastal resources of the state 19
of Rhode Island and do not endanger human safety. 20
(ii) In addition to the above criteria, the applicant shall provide clear and convincing 21
evidence that: 22
(A) The facility existed in substantially the same configuration as it now exists prior to 23
January 1, 1985; 24
(B) The facility is presently intact and functional; and 25
(C) The facility presents no significant threat to the coastal resources of the state of Rhode 26
Island or human safety. 27
(iii) The applicant, to be eligible for this provision, shall apply no later than January 31, 28
1999. 29
(iv) The council division is directed to develop rules and regulations necessary to 30
implement this subdivision. 31
(v) It is the specific intent of this subsection to require that all pre-existing residential 32
boating facilities constructed on January 1, 1985, or thereafter conform to this chapter and the plans, 33
rules and regulations of the council. 34
LC000326 - Page 20 of 36
(7) Lease of filled lands which were formerly tidal lands to riparian or littoral owners. (i) 1
Any littoral or riparian owner in this state who desires to obtain a lease from the state of Rhode 2
Island of any filled lands adjacent to his or her upland shall apply to the council division, which 3
may make the lease. Any littoral or riparian owner who wishes to obtain a lease of filled lands must 4
obtain pre-approval, in the form of an assent, from the council division. Any lease granted by the 5
council division shall continue the public's interest in the filled lands including, but not limited to, 6
the rights of navigation, fishery, and commerce. The public trust in the lands shall continue and run 7
concurrently with the leasing of the lands by the state to private individuals, corporations, or 8
municipalities. Upon the granting of a lease by the council division, those rights consistent with the 9
public trust and secured by the lease shall vest in the lessee. The council division may approve a 10
lease of filled lands for an initial term of up to fifty (50) years, with, or without, a single option to 11
renew for an additional term of up to fifty (50) years. 12
(ii) The lessor of the lease, at any time, for cause, may by express act cancel and annul any 13
lease previously made to the riparian owner when it determines that the use of the lands is violating 14
the terms of the lease or is inconsistent with the public trust, and upon cancellation the lands, and 15
rights in the land so leased, shall revert to the state. 16
(8) "Marinas" as defined in the coastal resources management program in effect as of June 17
1, 1997, are deemed to be one of the uses consistent with the public trust. Subdivision (7) 18
Subsection (7) of this section is not applicable to: 19
(i) Any riparian owner on tidal waters in this state (and any successor in interest to the 20
owner) which has an assent issued by the council division to use any land under water in front of 21
his or her lands as a marina, which assent was in effect on June 1, 1997; 22
(ii) Any alteration, expansion, or other activity at a marina (and any successor in interest) 23
which has an assent issued by the council, which assent was in effect on June 1, 1997; and 24
(iii) Any renewal of assent to a marina (or successor in interest), which assent was issued 25
by the council and in effect on June 1, 1997. 26
(9) "Recreational boating facilities" including marinas, launching ramps, and recreational 27
mooring areas, as defined by and properly permitted by the council division, are deemed to be one 28
of the uses consistent with the public trust. Subdivision (7) Subsection (7) of this section is not 29
applicable to: 30
(i) Any riparian owner on tidal waters in this state (and any successor in interest to the 31
owner) which has an assent issued by the council to use any land under water in front of his or her 32
lands as a recreational boating facility; any alteration, expansion or other activity at a recreational 33
boating facility (and any successor in interest) which has an assent issued by the council, which 34
LC000326 - Page 21 of 36
assent was in effect as of June 1, 1997; and 1
(ii) Any renewal of assent to a recreational boating facility (or successor in interest), which 2
assent was issued by the council division and in effect on June 1, 1997. 3
46-23-6.1. Newport "cliff walk" — Public right-of-way — Legal studies. 4
The council division is hereby directed to carry out any and all legal studies which it shall 5
deem necessary in order to designate the Newport "cliff walk", so called, as a public right-of-way 6
pursuant to § 46-23-6(5). 7
46-23-6.2. Abandonment of rights-of-way. 8
No city or town shall abandon a right-of-way designated as such by the council division 9
unless the council division approved the abandonment. 10
46-23-7. Violations. 11
(a)(1) In any instances wherein there is a violation of the coastal resources management 12
program, or a violation of regulations or decisions of the council division of coastal resources 13
management, the commissioner of coastal resources management director of the department of 14
environmental management shall have the power to order any person to cease and desist or to 15
remedy any violation of any provisions of this chapter, or any rule, regulation, assent, order, or 16
decision of the council division whenever the commissioner of coastal resources management 17
director of the department of environmental management shall have reasonable grounds to believe 18
that such violation has occurred. 19
(2) Council Division staff, conservation officers within the department of environmental 20
management, and state and municipal police shall be empowered to issue written cease and desist 21
orders in any instance where activity is being conducted which constitutes a violation of any 22
provisions of this chapter, or any rule, regulation, assent, order, or decision of the council division. 23
(3) Conservation officers within the department of environmental management, council 24
division staff, and state and municipal police shall have authority to apply to a court of competent 25
jurisdiction for a warrant to enter on private land to investigate possible violations of this chapter; 26
provided, that they have reasonable grounds to believe that a violation has been committed, is being 27
committed, or is about to be committed. 28
(b) Any order or notice issued pursuant to subsection (a) shall be eligible for recordation 29
under chapter 13 of title 34, and shall be recorded in the land evidence records in the city/town 30
wherein the property subject to the order is located, and any subsequent transferee of the property 31
shall be responsible for complying with the requirements of the order and notice. 32
(c) The coastal resources management council division of coastal resources management 33
shall discharge of record any notice filed pursuant to subsection (b) within thirty (30) days after the 34
LC000326 - Page 22 of 36
violation has been remedied. 1
46-23-7.1. Administrative penalties. 2
Any person who violates, or refuses or fails to obey, any notice or order issued pursuant to 3
§ 46-23-7(a); or any assent, order, or decision of the council division, may be assessed an 4
administrative penalty by the chairperson or executive director in accordance with the following: 5
(1) The chairperson or executive director is authorized to assess an administrative penalty 6
of not more than ten thousand dollars ($10,000) for each violation of this section, and is authorized 7
to assess additional penalties of not more than one thousand ($1,000) for each day during which 8
this violation continues after receipt of a cease-and-desist order from the council division pursuant 9
to § 46-23-7(a), but in no event shall the penalties in aggregate exceed fifty thousand dollars 10
($50,000). Prior to the assessment of a penalty under this subdivision subsection, the property 11
owner or person committing the violation shall be notified by certified mail or personal service that 12
a penalty is being assessed. The notice shall include a reference to the section of the law, rule, 13
regulation, assent, order, or permit condition violated; a concise statement of the facts alleged to 14
constitute the violation; a statement of the amount of the administrative penalty assessed; and a 15
statement of the party's right to an administrative hearing. 16
(2) The party shall have twenty-one (21) days from receipt of the notice within which to 17
deliver to the council division a written request for a hearing. This request shall specify in detail 18
the statements contested by the party. The executive director shall designate a person to act as 19
hearing officer. If no hearing is requested, then after the expiration of the twenty-one (21) day 20
period, the council division shall issue a final order assessing the penalty specified in the notice. 21
The penalty is due when the final order is issued. If the party shall request a hearing, any additional 22
daily penalty shall not commence to accrue until the council director issues a final order. 23
(3) If a violation is found to have occurred, the council director may issue a final order 24
assessing not more than the amount of the penalty specified in the notice. The penalty is due when 25
the final order is issued. 26
(4) The party may within thirty (30) days appeal the final order, of fine assessed by the 27
council director to the superior court which shall hear the assessment of the fine de novo. 28
46-23-7.2. Proceedings for enforcement. 29
The superior court shall have jurisdiction to enforce the provisions of this chapter, the 30
coastal resource management program, or any rule, regulation, assent, or order issued pursuant 31
thereto. Proceedings under this section may follow the course of equity, and shall be instituted and 32
prosecuted in the name of and at the direction of the chairperson director of environmental 33
management and council by the attorney general or counsel designated by the council director. 34
LC000326 - Page 23 of 36
Proceedings provided in this section shall be in addition to, and may be utilized in lieu of, other 1
administrative or judicial proceedings authorized by this chapter. 2
46-23-7.4. Penalty for blocking or posting of rights-of-way. 3
Any person who shall post or block any tidal water, public right-of-way, as designated by 4
the council division, shall be punished by a fine not exceeding one thousand dollars ($1,000) or by 5
imprisonment for not more than three (3) months or both; and each day the posting or blocking 6
continues or is repeated shall be deemed a separate offense. The chairperson of the council director 7
of the department of environmental management, through council's the department's legal counsel 8
or the attorney general, may apply to any court of competent jurisdiction for an injunction to prevent 9
the unlawful posting or blocking of any tidal water, public right-of-way. 10
46-23-7.5. Prosecution of criminal violations. 11
The chairperson director of the department of environmental management and anyone 12
designated by the chairperson director, without being required to enter into any recognizance or to 13
give surety for cost, may institute proceedings in the name of the state. It shall be the duty of the 14
attorney general and/or the solicitor of the city or town in which the alleged violation has occurred 15
to conduct the prosecution of all the proceedings. The chairperson director may delegate his or her 16
authority to bring prosecution by complaint and warrant to any law enforcement officials authorized 17
by law to bring complaints for the issuance of search or arrest warrants pursuant to chapters 5 and 18
6 of title 12. 19
46-23-8. Gifts, grants, and donations. 20
The council division is authorized to receive any gifts, grants, or donations made for any 21
of the purposes of its program, which shall be deposited as general revenues, and to disburse and 22
administer the gifts, grants, or donations amounts appropriated in accordance with the terms 23
thereof. The council division is authorized to receive any sums provided by an applicant for use by 24
the council division in its hearing process, which shall be deposited as general revenues, and to 25
disburse and administer the general revenue amounts appropriated in accordance with the rules and 26
regulations promulgated by the council department of environmental management. 27
46-23-9. Subpoena. 28
The council department of environmental management is hereby authorized and 29
empowered to summon witnesses and issue subpoenas in substantially the following form: 30
Sc. 31
To _______________________ of __________________________ greeting: 32
You are hereby required, in the name of the state of Rhode Island, to make your appearance 33
before the commission division of coastal resources management on _______________________ 34
LC000326 - Page 24 of 36
in the ________________________ city of _____________________ on the 1
____________________ day of ___________________ to give evidence of what you know 2
relative to a matter upon investigation by the commission division of coastal resources management 3
on ______________________________ and produce and then and there have and give the 4
following: 5
Hereof fail not, as you will answer to default under the penalty of the law in that behalf 6
made and provided. 7
Dated at ________________ the ________________ day of ________________ in the 8
year _____________ 9
46-23-10. Cooperation of departments. 10
All other departments and agencies and bodies of state government are hereby authorized 11
and directed to cooperate with and furnish such information as the council division of coastal 12
resources management within the department of environmental management, shall require. 13
46-23-11. Rules and regulations. 14
The rules and regulations promulgated by the council department of environmental 15
management for the division of coastal resources management, shall be subject to the 16
Administrative Procedures Act. 17
46-23-13. Application and hearing fees. 18
The council department of environmental management shall be authorized to establish 19
reasonable fees for applications and hearings. All fees collected by the council department, 20
including fees collected for leases, shall be deposited as general revenues. The state controller is 21
hereby authorized and directed to draw his or her orders upon the general treasurer for payment of 22
such sum or sums as may be necessary from time to time and upon receipt by him or her of duly 23
authenticated vouchers presented by the commissioner of coastal resources management director 24
of the department of environmental management for the division of coastal resources management. 25
46-23-14. Expert testimony. 26
The council division shall be authorized to engage its own expert and outside consultants, 27
and the council division shall be empowered to use that testimony in making its decisions. 28
46-23-15. Federal grants and interstate cooperation. 29
The council division is authorized to accept any federal grants. It is further given the power 30
to administer land and water use regulations as necessary to fulfill their responsibilities under the 31
Federal Coastal Zone Management Act, 16 U.S.C. § 1451 et seq., and to acquire fee simple and 32
less than fee simple interests under any federal or state program. The council division is authorized 33
to coordinate and cooperate with other states in furtherance of its purposes. The council division 34
LC000326 - Page 25 of 36
may expend those grants and appropriations. The coastal resources management council division 1
of coastal resources management within the department of environmental management, for the 2
purposes of the federal Coastal Zone Management Act, 16 U.S.C. § 1451 et seq., is the coastal zone 3
agency under §§ 301 through 313 and §§ 318 and 6217 of said act. 4
46-23-15.1. Coordination of harbor safety and enforcement patrols. 5
Coastal municipalities which share a common boundary along their public waters may 6
enter into a binding memorandum of agreement allowing for harbormasters and other officials 7
charged with enforcement of harbor management plan harbor ordinances from one coastal 8
municipality to enforce the harbor ordinances of the bordering coastal municipality upon the public 9
waters of the bordering coastal municipality when the coastal municipalities have harbor 10
management plans approved by the coastal resources management council division of coastal 11
resources management and the memorandum of agreement is approved by the respective town or 12
city councils. This binding memorandum of agreement shall specify how each coastal municipality 13
is to receive any fines collected under this reciprocal enforcement agreement and the jurisdiction 14
in which any disputes arising out of this reciprocal enforcement agreement shall be litigated. 15
46-23-16. Length of permits, licenses, and easements. 16
The council division is authorized to grant permits, licenses, and easements for any term 17
of years or in perpetuity. Permits, licenses, or easements which are issued by the council division 18
for the filling of the submerged or submersible lands of the state of Rhode Island remain subject to 19
the public trust, and no title is conveyed by such documents. All such permits, licenses, and 20
easements shall clearly state that no title is being conveyed. Permits, licenses or easements issued 21
by the council division are valid only with the conditions and stipulation under which they are 22
granted and imply no guarantee of renewal. The initial application or an application for renewal 23
may be subject to denial or modification. If an application is granted, said permit, license and 24
easement may be subject to revocation and/or modification for failure to comply with the conditions 25
and stipulations under which the same was issued or for other good cause. The division of coastal 26
resources management council of the department of environmental management shall transfer all 27
of the records and files of the former division of harbours and rivers and all records of the coastal 28
resources management council to the council department of environmental management. 29
46-23-18. Prohibited activities. 30
(a) No person, either as principal, agent or servant nor any firm, corporation, or any other 31
entity shall, without a permit issued by the coastal resources management council division of 32
coastal resources management, construct a marina within two thousand feet (2000′) of a shellfish 33
management area as defined by rules and regulations of the department of environmental 34
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management. Such permit shall include any permit required under subsection (b). 1
(b) No person, either as principal, agent, or servant, or any firm, corporation or any other 2
entity, shall, within the tidal waters of the state, conduct or cause to conduct dredging, 3
transportation and/or disposal of dredge materials without a permit issued by the coastal resources 4
management council division of coastal resources management, a water quality certification issued 5
by the department of environmental management pursuant to chapter 12 of this title and any permit 6
required by the army corps of engineers. In addition, no person, either as principal, agent, or servant, 7
nor any firm, corporation or any other entity, shall dispose of dredge materials other than in tidal 8
waters without any permit, approval or certification that may otherwise be required. 9
46-23-18.1. Permitting. 10
(a) Any person, either as principal, agent, or servant, or any firm, corporation or any other 11
entity desiring to conduct any activity or activities specified in § 46-23-18 shall file an application 12
for a permit with the coastal resources management council division of coastal resources 13
management upon forms furnished by coastal resources management council the division of coastal 14
resources management. 15
(b) A hearing shall be held on the application within thirty (30) days of filing. 16
(c) The applicant shall bear the burden of proving that the activity or activities specified in 17
the application will cause no significant adverse impact upon the environment or natural resources 18
of the state, and the coastal resources management council division of coastal resources 19
management within the department of environmental management shall be empowered to deny the 20
application if the applicant does not demonstrate, in addition to other requirements of this chapter, 21
that the activity or activities will not: 22
(i) Significantly adversely affect any shellfish management area as designated by the 23
department of environmental management or the marine fisheries council; 24
(ii) Be in a significant conflict with the marine ecology within or adjacent to the state's 25
territorial waters; or 26
(iii) Significantly harm or destroy existing fishing grounds. 27
(d) With respect to an application seeking a permit from the coastal resources management 28
council division of coastal resources management to conduct or cause to conduct dredging, 29
transportation and/or disposal of dredge material, the applicant shall also satisfy the council 30
division that the proposal in the application is consistent with a comprehensive program developed 31
pursuant to § 46-23-6(1)(ii)(H). 32
(e) In determining whether an applicant has met the burden of proof under subsection (c), 33
the coastal resources management council division of coastal resources management shall apply 34
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standards that conform with the federal Environmental Protection Agency's applicable standards 1
and guidelines for the management of dredge materials, including, but not limited to, the federal 2
Environmental Protection Agency's rules, regulations and guidelines for deviating from said 3
standards. 4
(f) The applicant shall, at least three (3) days before commencing any dredging, give 5
written notice to the coastal resources management council division of coastal resources 6
management of the intent to commence the activities specified in the permit. 7
46-23-18.2. Rules and regulations. 8
The council department of environmental management, upon recommendation by the 9
coastal resources advisory committee division of coastal resources management, shall issue 10
reasonable rules and regulations governing the dredging, transporting and disposal of all dredge 11
materials in accordance with this chapter. 12
46-23-18.3. Sites for disposal of spoil from dredge operations, selection. 13
(a) The council department of environmental management, upon recommendation of the 14
coastal resources advisory committee division of coastal resources management, on or before the 15
first day of January, 1999 and periodically thereafter as necessary, shall consistent with the 16
comprehensive programs required in § 46-23-6(1)(ii)(H) identify and establish one or more in-17
water disposal sites to be used for the purpose of disposal of dredge materials from marinas and 18
yacht clubs. 19
(b) The council department of environmental management, upon recommendation of the 20
coastal resources advisory committee division of coastal resources management, on or before the 21
first day of January, 2002 and periodically thereafter as necessary, shall consistent with the 22
comprehensive programs required in § 46-23-6(1)(ii)(H) identify and establish one or more in-23
water disposal sites to be used for the purpose of disposal of dredge materials from all sources not 24
otherwise delineated in (a) above. 25
46-23-18.4. Enforcement. 26
The provisions of §§ 46-23-18 through 46-23-18.3 shall be enforced by the coastal 27
resources management council division of coastal resources management. Nothing herein shall be 28
deemed to abrogate the department of environmental management's authority to enforce its water 29
quality standards adopted pursuant to this chapter and § 46-12-3(7) or (24). 30
46-23-18.5. Fees for disposal. 31
The council division is authorized to impose a fee of not less than eleven dollars and sixty-32
five cents ($11.65) per cubic yard for the disposal of dredge materials at the sites established by the 33
council division pursuant to § 46-23-18.3, with eleven dollars and sixty-five cents ($11.65) being 34
LC000326 - Page 28 of 36
deposited into the general fund. The amount of the fee established by the council division pursuant 1
to the section shall be reviewed by the council division on an annual basis and revised as the council 2
deems necessary, but in no event shall the fee be set at an amount less than eleven dollars and sixty-3
five cents ($11.65) per cubic yard of material. 4
46-23-18.6. Coastal Resources Management Council Dredge Fund Division of coastal 5
resources management dredge fund. 6
There is hereby created a separate fund to be held by the coastal resources management 7
council division of coastal resources management to be known as the dredge fund. Any amount 8
charged above the eleven dollars and sixty-five cents ($11.65) must be deposited into the fund and 9
shall not be deposited into the general fund of the state, but shall be kept by the general treasurer 10
of the state in a separate fund for the coastal resources management council division of coastal 11
resources management, and shall be paid out by the treasurer upon the order request of the council 12
division, without the necessity of appropriation or re-appropriation by the general assembly. Funds 13
must be used to create additional dredging and disposal options. 14
46-23-20. Administrative hearings. 15
All contested cases, all contested enforcement proceedings, and all contested 16
administrative fines shall be heard by the administrative hearing officers, or by subcommittees as 17
provided in § 46-23-20.1, pursuant to the regulations promulgated by the council department of 18
environmental management; provided, however, that no proceeding and hearing prior to the 19
appointment of the hearing officers shall be subject to the provisions of this section. 20
Notwithstanding the foregoing, the commissioner of coastal resources management director of the 21
department of environmental management shall be authorized, in his or her discretion, to resolve 22
contested licensing and enforcement proceedings through informal disposition pursuant to 23
regulations promulgated by the council department of environmental management. 24
46-23-20.1. Hearing officers — Appointment — Compensation — Subcommittee 25
Hearing officers — Appointment — Compensation. 26
(a) The governor, with the advice and consent of the senate, shall appoint two (2) hearing 27
officers who shall be attorneys-at-law, who, prior to their appointment, shall have practiced law for 28
a period of not less than five (5) years for a term of five (5) years; provided, however, that the initial 29
appointments shall be as follows: one hearing officer shall be appointed for a term of three (3) years 30
and one hearing officer shall be appointed for a term of five (5) years. The appointees shall be 31
addressed as hearing officers. 32
(b) The governor shall designate one of the hearing officers as chief hearing officer. The 33
hearing officers shall hear proceedings as provided by this section, and the council director of the 34
LC000326 - Page 29 of 36
department of environmental management, with the assistance of the chief hearing officer, may 1
promulgate such rules and regulations as shall be necessary or desirable to effect the purposes of 2
this section. 3
(c) A hearing officer shall be devoted full time to these administrative duties, and shall not 4
otherwise practice law while holding office nor be a partner nor an associate of any person in the 5
practice of law. 6
(d) Compensation for hearing officers shall be determined by the unclassified pay board. 7
(e) Whenever the chairperson of the coastal resources management council or, in the 8
absence of the chairperson, the commissioner of coastal resources director of the department of 9
environmental management makes a finding that the hearing officers are otherwise engaged and 10
unable to hear a matter in a timely fashion, he or she may appoint a subcommittee which will act 11
as hearing officers in any contested case coming before the council division of coastal resources 12
management. The subcommittee shall consist of at least one member; provided, however, that in 13
all contested cases an additional member shall be a resident of the coastal community affected. The 14
city or town council of each coastal community shall, at the beginning of its term of office, appoint 15
a resident of that city or town to serve as an alternate member of the aforesaid subcommittee should 16
there be no existing member of the coastal resources management council from that city or town 17
available to serve on the subcommittee. Any member of the subcommittee actively engaged in 18
hearing a case shall continue to hear the case, even though his or her term may have expired, until 19
the case is concluded and a vote taken thereon. Hearings before subcommittees shall be subject to 20
all rules of practice and procedure as govern hearings before hearing officers. 21
46-23-20.2. Clerk. 22
The commissioner of coastal resources or his or her designee shall The director of the 23
department of environmental management shall employ one individual to serve as clerk to the 24
hearing officers. The clerk shall have general charge of the office, keep a full record of proceedings, 25
file and preserve all documents and papers, prepare such papers and notices as may be required, 26
and perform such other duties as required. The commissioner director of the department of 27
environmental management shall have the power to issue subpoenas for witnesses and documents 28
and to administer oaths in all cases before any hearing officer or pertaining to the duties of his or 29
her office. 30
46-23-20.3. Prehearing procedure. 31
(a) Prior to the commencement of any hearing, the hearing officer may in his or her 32
discretion direct the parties or their attorneys to appear before him or her for such conferences as 33
shall be necessary. At the conferences, the hearing officer may order any party to file, prior to the 34
LC000326 - Page 30 of 36
commencement of any formal hearing, exhibits that the party intends to use in the hearing, and the 1
names and addresses of witnesses that the party intends to produce in its direct case, together with 2
a short statement of the testimony of each witness. Following entry of an order, a party shall not be 3
permitted, except in the discretion of the hearing officer, to introduce into evidence, in the party's 4
direct case, exhibits which are not filed in accordance with the order. At the conference, the hearing 5
officer may designate a date before which he or she requires any party to specify what issues are 6
conceded, and further proof of conceded issues shall not be required. The hearing officer shall also 7
require the parties to simplify the issues, to consider admissions of fact and of documents which 8
will avoid unnecessary proof, and to limit the number of expert witnesses. The hearing officer shall 9
enter an order reciting the concessions and agreements made by the parties, and shall enter an order 10
on such other matters as are pertinent to the conduct of the hearing, and unless modified, the hearing 11
shall be conducted by the order. 12
(b) The hearing officer may also order the parties to file, prior to the commencement of 13
any hearing, the testimony of any or all of their respective witnesses, and to submit the testimony 14
to the hearing officer and the opposing party or the opposing counsel by such date as the hearing 15
officer shall determine. The witness shall testify under oath, and all of the testimony shall be in a 16
question and answer format. Save for good cause shown, said testimony shall be the direct 17
examination of the witness; provided, however, that the witness shall be available at the hearing 18
for cross-examination by the opposing party or opposing counsel. 19
(c) The council division, with the assistance of the chief hearing officer, shall promulgate, 20
by regulation, such other prehearing procedures and/or hearing procedures as deemed necessary, 21
including the use of portions of the superior court civil rules of discovery where such are not 22
inconsistent with the applicable provisions of the Administrative Procedures Act, chapter 35 of title 23
42. 24
46-23-20.4. Hearings — Orders. 25
(a) Subject to the provisions of this chapter, every hearing for the adjudication of a violation 26
or for a contested matter shall be held before a hearing officer or a subcommittee. The chief hearing 27
officer shall assign a hearing officer to each matter not assigned to a subcommittee. After due 28
consideration of the evidence and arguments, the hearing officer shall make written proposed 29
findings of fact and proposed conclusions of law which shall be made public when submitted to the 30
council division for review. The council division may, in its discretion, adopt, modify, or reject the 31
findings of fact and/or conclusions of law; provided, however, that any modification or rejection 32
of the proposed findings of fact or conclusions of law shall be in writing and shall state the 33
rationales therefor. 34
LC000326 - Page 31 of 36
(b) The director of the department of environmental management and the coastal resources 1
management council division of coastal resources management shall promulgate such rules and 2
regulations, not inconsistent with law, as to assure uniformity of proceedings as applicable. 3
46-23-20.5. Ex parte consultations. 4
Council members Employees of the division of coastal resources management shall have 5
no communication directly or indirectly, with a hearing officer relating to any issue of fact or of 6
law on any matter then pending before the hearing officer. 7
46-23-20.6. Oaths — Subpoenas — Powers of hearing officers. 8
The hearing officers are hereby severally authorized and empowered to administer oaths, 9
and the hearing officers, in all cases of every nature pending before them, are hereby authorized 10
and empowered to summon and examine witnesses and to compel the production and examination 11
of papers, books, accounts, documents, records, certificates and other legal evidence that may be 12
necessary or proper for the determination and decision of any question before or the discharge of 13
any duty required by law of the hearing officer. All subpoenas and subpoena duces tecum shall be 14
signed by a hearing officer or the commissioner of coastal resources and the director of the 15
department of environmental management, and shall be served as subpoenas are served in civil 16
cases in the superior court; and witnesses so subpoenaed shall be entitled to the same fees for 17
attendance and travel as are provided for witnesses in civil cases in the superior court. In cases of 18
contumacy or refusal to obey the command of the subpoena so issued, the superior court shall have 19
jurisdiction upon application of the council division with proof by affidavit of the fact, to issue a 20
rule or order returnable, in not less than two (2) nor more than five (5) days, directing the person to 21
show cause why he or she should not be adjudged in contempt. Upon return of such order, the 22
justice, before whom the matter is brought for hearing, shall examine under oath the person, and 23
the person shall be given an opportunity to be heard, and if the justice shall determine that the 24
person has refused without reasonable cause or legal excuse to be examined or to answer legal or 25
pertinent questions, he or she may impose a fine upon the offender or forthwith commit the offender 26
to the adult correctional institutions, there to remain until he or she submits to do the act which he 27
or she was so required to do, or is discharged according to law. 28
46-23-21. Notice of permit — Recordation. 29
A notice of permit shall be eligible for recordation under chapter 13 of title 34 as 30
determined by the executive director, and shall be recorded at the expense of the applicant in the 31
land evidence records of the city or town where the property subject to permit is located, and any 32
subsequent transferee of the property shall be responsible for complying with the terms and 33
conditions of the permit. The clerk of the various cities and towns shall record any orders, findings, 34
LC000326 - Page 32 of 36
or decisions of the council division at no expense to the council division. 1
46-23-22. Solid waste disposal licenses — Hearings. 2
The chairperson clerk of the division of coastal resources management council and the 3
commissioner of the environmental protection branch of the department of environmental 4
management shall coordinate concurrent hearings on solid waste disposal license applications; 5
provided, however, that the chairperson and the commissioner of the environmental protection 6
branch of the department of environmental management may designate a hearing officer or 7
subcommittee to hear all matters pertaining to the application and; provided further, that the hearing 8
officer may be from the department of environmental management, the coastal resources 9
management council division of coastal resources management hearing officer, a subcommittee, or 10
an ad hoc hearing officer. The commissioner of coastal resources management hearing officer with 11
the approval of the chairperson director of the department of environmental management, may 12
waive jurisdiction in those instances where the commissioner hearing officer finds that there is no 13
substantive coastal resources issue or that another agency or branch has adjudicated or addressed 14
the issue. 15
46-23-23. Municipal comprehension plan consideration. 16
The coastal resources management council division of coastal resources management shall 17
conform to the requirements of the Comprehensive Planning and Land Use Regulation Act, § 45-18
22.2. 19
46-23-24. Lien on property. 20
The executive director may record the notice of fee or final order of fine as a lien on the 21
subject property in the land evidence records of the town or city in which said property is located. 22
Recordation of said fee or final order of fine shall be the only manner by which said lien may be 23
perfected against the subject property. 24
46-23-25. Issuance of beach vehicle registration permits. 25
(a) The coastal resources management council division of coastal resources management 26
may issue beach vehicle registration permits in accordance with § 31-8-1.1 of the general laws and 27
adopt regulations that the council division deems necessary to carry out the provisions of this 28
section. The council division may appoint responsible citizens or corporations of the state, engaged 29
in operating sporting goods stores to act as agents with authority to issue permits in the manner and 30
under the conditions as set forth below. Before an appointment shall occur, that citizen or 31
corporation of the state shall deliver to the council division a bond with a surety company 32
authorized to do business in the state of Rhode Island. The requirements and conditions of the bond 33
shall be established by the regulations. 34
LC000326 - Page 33 of 36
(b) Any person or corporation appointed by the council division as provided in section (a) 1
above shall, upon the application of any person entitled to receive a permit under this chapter and 2
upon payment of the specified permit fee, register and issue to the person a beach vehicle 3
registration permit in the form prescribed and furnished by the council. The permit shall bear the 4
name, place of residence, and signature of the registrant, and the vehicle make, model, year, and 5
license plate number and shall authorize the registrant to own and operate a beach vehicle in the 6
state of Rhode Island during those seasons and in those manners and according to those conditions 7
as shall be provided by regulations established by the council division. 8
46-23-26. The public's rights and privileges of the shore. 9
(a) The public's rights and privileges of the shore are established by Article I, Sections 16 10
and 17 of the Rhode Island Constitution. 11
(b) For purposes of this chapter, the "recognizable high tide line" means a line or mark left 12
upon tidal flats, beaches, or along shore objects that indicates the intersection of the land with the 13
water's surface level at the maximum height reached by a rising tide. The recognizable high tide 14
line may be determined by a line of seaweed, oil or scum along shore objects, a more or less 15
continuous deposit of fine shell or debris on the foreshore or berm, other physical markings or 16
characteristics, or other suitable means that delineate the general height reached by the water's 17
surface level at a rising tide. If there is more than one line of seaweed, oil, scum, fine shell, or 18
debris, then the recognizable high tide line means the most seaward line. In the absence of residue 19
seaweed or other evidence, the recognizable high tide line means the wet line on a sandy or rocky 20
beach. The line encompasses the water's surface level at spring high tides and other high tides that 21
occur with periodic frequency, but does not include the water's surface level at storm surges in 22
which there is a departure from the normal or predicted reach of the water's surface level due to the 23
piling up of water against a coast by strong winds, such as those accompanying a hurricane or other 24
intense storms. 25
(c) Notwithstanding any provision of the general laws to the contrary, the public's rights 26
and privileges of the shore may be exercised, where shore exists, on wet sand or dry sand or rocky 27
beach, up to ten feet (10′) landward of the recognizable high tide line; provided, however, that the 28
public's rights and privileges of the shore shall not be afforded where no passable shore exists, nor 29
on land above the vegetation line, or on lawns, rocky cliffs, sea walls, or other legally constructed 30
shoreline infrastructure. Further, no entitlement is hereby created for the public to use amenities 31
privately owned by other persons or entities, including, but not limited to: cabanas, decks, and 32
beach chairs. 33
(d) Any landowner whose property abuts the shore shall, with respect to the public's 34
LC000326 - Page 34 of 36
exercise of rights and privileges of the shore as defined in this chapter, be afforded the liability 1
limitations pursuant to chapter 6 of title 32. 2
(e) The coastal resources management council (CRMC) in collaboration division of coastal 3
resources management with the approval of the department of environmental management (DEM), 4
shall develop and disseminate information to educate the public and property owners about the 5
rights set out in this section. 6
(f) The CRMC in collaboration division of coastal resources management with the DEM 7
approval of the department of environmental management, and the attorney general, shall 8
determine appropriate language and signage details for use at shoreline locations. 9
SECTION 6. Chapter 46-23 of the General Laws entitled "Coastal Resources Management 10
Council" is hereby amended by adding thereto the following sections: 11
46-23-1.1. Transfer of authority from coastal resources management council. 12
Wherever in any general or public law there is authority assigned to the coastal resources 13
management council, this authority shall be transferred to the division of coastal resources 14
management within the department of environmental management. 15
46-23-27. Severability. 16
If any provision of this chapter or the application thereof to any person or circumstances is 17
held invalid, that invalidity shall not affect other provisions or applications of the chapter, which 18
can be given effect without the invalid provision or application, and to this end the provisions of 19
this chapter are declared to be severable. 20
46-23-28. Effective date. 21
(a) Within thirty (30) business days of the date of passage of this chapter, the department 22
of environmental management shall put out for notice and comment revisions of its coastal 23
resources management program (referred to as "red book") and management procedures in order 24
to implement the programmatic change from the council to the division. 25
(b) Within seven (7) days of promulgation of the revised coastal resources management 26
program (referred to as "red book") and management procedures, the department shall submit a 27
coastal zone management act program change request to the National Oceanic and Atmospheric 28
Administration (NOAA) for the approval of the amendments to this statute and the management 29
procedures. The remaining sections of this statute shall take effect upon NOAA's approval. 30
SECTION 7. Sections 46-23-2.1, 46-23-3, 46-23-4 and 46-23-5 of the General Laws in 31
Chapter 46-23 entitled "Coastal Resources Management Council" are hereby repealed. 32
46-23-2.1. Members — Term of office — Vacancies. 33
(a) The term of office of the appointed members shall be three (3) years, only so long as 34
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the members shall remain eligible to serve on the council under the appointment authority. 1
(b) The members are eligible for successive appointments. 2
(c) Elected or appointed municipal officials shall hold seats on the council, only so long as 3
they remain in their elected or appointed office. 4
(d) A vacancy other than by expiration shall be filled in the manner of the original 5
appointment but only for the unexpired portion of the term. The governor shall have the power to 6
remove his or her appointee for just cause. 7
46-23-3. Oath of members. 8
Each appointed member of the council, before entering upon his or her duties, shall take 9
an oath to administer the duties of his or her office faithfully and impartially, and the oath shall be 10
filed in the office of the secretary of state. 11
46-23-4. Officers of the council — Quorum and vote required for action. 12
The governor shall select from the appointed members a chairperson and vice chairperson. 13
The council shall thereupon select a secretary from among its membership or staff. The council 14
may engage staff, including legal counsel, as it deems necessary. A quorum shall consist of six (6) 15
members of the council. A majority vote of those present shall be required for action. 16
46-23-5. Expenses of members. 17
(a) The members of the council and the chairperson shall not be compensated for their 18
service on the board, but the members and chairperson shall be reimbursed for their actual expenses 19
necessarily incurred in the performance of their duties. 20
(b) [Deleted by P.L. 2005, ch. 117, art. 21, § 34.] 21
SECTION 8. This act shall take effect upon passage. 22
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF
ENVIRONMENTAL MANAGE MENT
***
This act would replace the coastal resources management council with a newly created 1
division of coastal resources management, a state entity within the department of environmental 2
management (DEM). In addition, this act would transfer all authority to the DEM with duties and 3
responsibilities to be carried out by the division of coastal resources management. 4
This act would take effect upon passage. 5
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