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| 4 | 4 | | |
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| 5 | 5 | | 2025 -- H 5705 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC001774 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2025 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO WATERS AND NAVIGATION -- COASTAL RESOURCES MA NAGEMENT |
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| 16 | 16 | | COUNCIL |
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| 17 | 17 | | Introduced By: Representatives Spears, Carson, Cortvriend, Boylan, and Speakman |
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| 18 | 18 | | Date Introduced: February 26, 2025 |
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| 19 | 19 | | Referred To: House State Government & Elections |
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| 20 | 20 | | (CRMC) |
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| 21 | 21 | | |
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| 22 | 22 | | It is enacted by the General Assembly as follows: |
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| 23 | 23 | | SECTION 1. Sections 46-23-1 and 46-23-6 of the General Laws in Chapter 46-23 entitled 1 |
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| 24 | 24 | | "Coastal Resources Management Council" are hereby amended to read as follows: 2 |
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| 25 | 25 | | 46-23-1. Legislative findings. 3 |
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| 26 | 26 | | (a)(1) Under article 1, § 17 of the Rhode Island Constitution, the people shall continue to 4 |
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| 27 | 27 | | enjoy and freely exercise all the rights of fishery, and the privileges of the shore, to which they 5 |
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| 28 | 28 | | have been heretofore entitled under the charter and usages of this state, including, but not limited 6 |
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| 29 | 29 | | to, fishing from the shore, the gathering of seaweed, leaving the shore to swim in the sea and 7 |
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| 30 | 30 | | passage along the shore; and they shall be secure in their rights to use and enjoyment of the natural 8 |
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| 31 | 31 | | resources of the state with due regard for the preservation of their values; and it is the duty of the 9 |
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| 32 | 32 | | general assembly to provide for the conservation of the air, land, water, plant, animal, mineral and 10 |
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| 33 | 33 | | other natural resources of the state, and to adopt all means necessary and proper by law to protect 11 |
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| 34 | 34 | | the natural environment of the people of the state by providing adequate resource planning for the 12 |
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| 35 | 35 | | control and regulation of the use of the natural resources of the state and for the preservation, 13 |
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| 36 | 36 | | regeneration, and restoration of the natural environment of the state. 14 |
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| 37 | 37 | | (2) The general assembly recognizes and declares that the coastal resources of Rhode 15 |
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| 38 | 38 | | Island, a rich variety of natural, commercial, industrial, recreational, and aesthetic assets, are of 16 |
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| 39 | 39 | | immediate and potential value to the present and future development of this state; that unplanned 17 |
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| 40 | 40 | | or poorly planned development of this basic natural environment has already damaged or destroyed, 18 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | LC001774 - Page 2 of 15 |
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| 44 | 44 | | or has the potential of damaging or destroying, the state’s coastal resources, and has restricted the 1 |
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| 45 | 45 | | most efficient and beneficial utilization of these resources; that it shall be the policy of this state to 2 |
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| 46 | 46 | | preserve, protect, develop, and, where possible, restore the coastal resources of the state for this 3 |
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| 47 | 47 | | and succeeding generations through comprehensive and coordinated long range planning and 4 |
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| 48 | 48 | | management designed to produce the maximum benefit for society from these coastal resources; 5 |
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| 49 | 49 | | and that preservation and restoration of ecological systems shall be the primary guiding principle 6 |
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| 50 | 50 | | upon which environmental alteration of coastal resources will be measured, judged, and regulated. 7 |
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| 51 | 51 | | (b)(1) That effective implementation of these policies is essential to the social and 8 |
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| 52 | 52 | | economic well-being of the people of Rhode Island because the sea and its adjacent lands are major 9 |
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| 53 | 53 | | sources of food and public recreation, because these resources are used by and for industry, 10 |
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| 54 | 54 | | transportation, waste disposal, and other purposes, and because the demands made on these 11 |
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| 55 | 55 | | resources are increasing in number, magnitude, and complexity; and that these policies are 12 |
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| 56 | 56 | | necessary to protect the public health, safety, and general welfare. Pursuant to 16 U.S.C. § 1452 13 |
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| 57 | 57 | | (“The Coastal Zone Management Act”), the general assembly hereby directs the council (referred 14 |
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| 58 | 58 | | to as “CRMC”) to exercise effectively its responsibilities in the coastal zone through the 15 |
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| 59 | 59 | | development and implementation of management programs to achieve wise use of the land and 16 |
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| 60 | 60 | | water resources of the coastal zone. 17 |
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| 61 | 61 | | (2) Furthermore, that implementation of these policies is necessary in order to secure the 18 |
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| 62 | 62 | | rights of the people of Rhode Island to the use and enjoyment of the natural resources of the state 19 |
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| 63 | 63 | | with due regard for the preservation of their values, and in order to allow the general assembly to 20 |
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| 64 | 64 | | fulfill its duty to provide for the conservation of the air, land, water, plant, animal, mineral, and 21 |
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| 65 | 65 | | other natural resources of the state, and to adopt all means necessary and proper by law to protect 22 |
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| 66 | 66 | | the natural environment of the people of the state by providing adequate resource planning for the 23 |
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| 67 | 67 | | control and regulation of the use of the natural resources of the state and for the preservation, 24 |
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| 68 | 68 | | regeneration, and restoration of the natural environment of the state. 25 |
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| 69 | 69 | | (c) That these policies can best be achieved through the creation of a coastal resources 26 |
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| 70 | 70 | | management council as the principal mechanism for management of the state’s coastal resources. 27 |
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| 71 | 71 | | (d) The general assembly recognizes and declares that maintenance dredging is required to 28 |
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| 72 | 72 | | remove natural silt accumulations; Rhode Island has not had a general maintenance dredging policy 29 |
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| 73 | 73 | | and programs for ports, port facilities, channels, harbors, public and private marinas and boating 30 |
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| 74 | 74 | | facilities, recreational facilities and habitat areas; other major coastal states have maintenance 31 |
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| 75 | 75 | | dredging policies and in-water maintenance dredge disposal sites; as a result of the lack of a general 32 |
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| 76 | 76 | | maintenance dredging policy and program and as a result there has been: 33 |
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| 77 | 77 | | (1) A decrease in the depth of the Providence Channel from forty-four (44) feet in 1971 to 34 |
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| 78 | 78 | | |
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| 79 | 79 | | |
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| 80 | 80 | | LC001774 - Page 3 of 15 |
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| 81 | 81 | | twenty-four (24) feet in 1996; 1 |
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| 82 | 82 | | (2) Navigational restrictions on ocean going vessels through the state’s waterways and 2 |
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| 83 | 83 | | channels; and 3 |
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| 84 | 84 | | (3) A decrease in the number of available slips and moorings at marinas throughout the 4 |
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| 85 | 85 | | state; and the lack of a maintenance dredging policy and programs have significant adverse 5 |
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| 86 | 86 | | environmental and economic effects on the state and therefore it is in the best interest of the state, 6 |
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| 87 | 87 | | the cities and towns of the state, and the citizens thereof for the state to have a general maintenance 7 |
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| 88 | 88 | | dredging policy and programs to resolve issues related to dredge maintenance and disposal and 8 |
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| 89 | 89 | | avoid future significant direct and indirect adverse impact on the environment and economy of the 9 |
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| 90 | 90 | | state. 10 |
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| 91 | 91 | | (e) The coastal resources management council is hereby designated as the lead state agency 11 |
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| 92 | 92 | | for purposes of dredging in tidal waters and as such shall have the following duties and 12 |
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| 93 | 93 | | responsibilities: 13 |
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| 94 | 94 | | (1) To coordinate the interest of the state with regard to dredging; 14 |
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| 95 | 95 | | (2) To formulate and adopt a state policy with regard to dredging which integrates those 15 |
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| 96 | 96 | | interests; 16 |
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| 97 | 97 | | (3) To cooperate with, negotiate, and to enter into agreements on behalf of the state with 17 |
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| 98 | 98 | | the federal government and with other public bodies and private parties with regard to dredging; 18 |
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| 99 | 99 | | (4) To act as the initial and primary point of contact for all applications to the state for 19 |
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| 100 | 100 | | dredging projects in tidal waters; 20 |
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| 101 | 101 | | (5) To develop, prepare, adopt pursuant to § 46-23-11, implement, and maintain a 21 |
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| 102 | 102 | | comprehensive plan for dredge material management; and 22 |
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| 103 | 103 | | (6) To cooperate and coordinate with the departments of environmental management, 23 |
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| 104 | 104 | | transportation, administration, and health, and the economic development corporation in the 24 |
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| 105 | 105 | | conduct of these duties and responsibilities. 25 |
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| 106 | 106 | | (f)(1) The legislature recognizes that under Article I, § 17, the submerged lands of the state 26 |
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| 107 | 107 | | are impressed with a public trust and that the state is responsible for the protection of the public’s 27 |
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| 108 | 108 | | interest in these lands. The state maintains title in fee to all soil within its boundaries that lies below 28 |
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| 109 | 109 | | the high water mark, and it holds that land in trust for the use of the public. In benefiting the public, 29 |
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| 110 | 110 | | the state preserves certain public rights which include, but are not limited to, fishery, commerce, 30 |
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| 111 | 111 | | and navigation in these waters and the submerged lands that they cover. 31 |
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| 112 | 112 | | (2) Since its establishment in 1971, the CRMC has had the authority to manage and plan 32 |
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| 113 | 113 | | for the preservation of the coastal resources of the state including, but not limited to, submerged 33 |
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| 114 | 114 | | lands. The legislature hereby declares that, in light of the unique size, scope, and overall potential 34 |
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| 115 | 115 | | |
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| 116 | 116 | | |
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| 117 | 117 | | LC001774 - Page 4 of 15 |
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| 118 | 118 | | impact upon the environment of large scale filling projects involving twenty-five (25) acres or 1 |
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| 119 | 119 | | more, or any and all projects involving the lease of tidal lands of twenty-five (25) acres or more, 2 |
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| 120 | 120 | | any lease of tidal lands, or any license to use those lands, is subject to approval, disapproval, or 3 |
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| 121 | 121 | | conditional approval by the direct enactment of the general assembly by legislative action. The 4 |
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| 122 | 122 | | CRMC shall review all requests for leases, licenses to use the land, and other authority to use the 5 |
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| 123 | 123 | | land made by any applicant prior to presentation of the request to the general assembly, and the 6 |
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| 124 | 124 | | CRMC shall make recommendations on the request to the general assembly. An appropriate fee for 7 |
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| 125 | 125 | | such use and/or lease may be recommended. 8 |
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| 126 | 126 | | (ii) With the exception of any and all projects to fill land of twenty-five (25) acres or more, 9 |
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| 127 | 127 | | or any and all projects involving the lease of tidal lands of twenty-five (25) acres or more, the 10 |
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| 128 | 128 | | general assembly hereby recognizes and declares that the CRMC is delegated the sole and exclusive 11 |
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| 129 | 129 | | authority for the leasing of submerged and filled lands and giving licenses for the use of that land. 12 |
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| 130 | 130 | | Accordingly, the CRMC will develop, coordinate, and adopt a system for the leasing of submerged 13 |
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| 131 | 131 | | and filled lands, and licenses for the use of that land, and will ensure that all leases and licenses are 14 |
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| 132 | 132 | | consistent with the public trust. Pursuant thereto, the 15 |
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| 133 | 133 | | (iii) The CRMC shall impose a maximum fee of eighty thousand dollars ($80,000) per 16 |
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| 134 | 134 | | annum for any transatlantic telephone or fiber-optic communication cable that makes landfall in 17 |
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| 135 | 135 | | Rhode Island. All such fees collected shall be deposited into the Bays, Rivers and Watersheds Fund, 18 |
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| 136 | 136 | | established pursuant to § 46-31-12.1, and shall be disbursed according to the purposes of that fund. 19 |
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| 137 | 137 | | (iv) Nothing contained in this subsection negates, repeals, or alters the provisions, 20 |
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| 138 | 138 | | processes, and requirements for the leasing of submerged land for the conduct of aquaculture as set 21 |
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| 139 | 139 | | out under chapter 10 of title 20. Therefore, nothing in this chapter shall be construed to limit or 22 |
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| 140 | 140 | | impair the authority of the state, or any duly established agency of the state, to regulate filling or 23 |
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| 141 | 141 | | dredging affecting tidal lands owned by the state or any other entity, and nothing in this chapter 24 |
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| 142 | 142 | | shall be construed to limit or impair the obligation of the applicant to obtain all applicable 25 |
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| 143 | 143 | | regulatory approvals. Specifically, and without limiting the foregoing, nothing in this subsection 26 |
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| 144 | 144 | | negates, repeals, or alters the provisions, processes, and requirements for water quality certification 27 |
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| 145 | 145 | | contained in chapter 12 of this title. 28 |
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| 146 | 146 | | (3) Definitions. 29 |
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| 147 | 147 | | (i) “Filled land” means portions of tidal lands which have been rendered by the acts of man 30 |
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| 148 | 148 | | to be no longer subject to tidal action or beneath tidal waters. 31 |
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| 149 | 149 | | (ii) “Tidal Lands” means those lands that are below the mean high water. 32 |
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| 150 | 150 | | (iii) “Mean high water” means a line of contour representing the 18.6 year average as 33 |
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| 151 | 151 | | determined by the metonic cycle and/or its equivalent as evidenced by the records, tidal datum, and 34 |
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| 152 | 152 | | |
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| 153 | 153 | | |
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| 154 | 154 | | LC001774 - Page 5 of 15 |
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| 155 | 155 | | methodology of the United States Coastal Geodetic Survey within the National Oceanic and 1 |
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| 156 | 156 | | Atmospheric Administration. 2 |
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| 157 | 157 | | 46-23-6. Powers and duties — Rights-of-way. 3 |
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| 158 | 158 | | In order to properly manage coastal resources the council has the following powers and 4 |
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| 159 | 159 | | duties: 5 |
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| 160 | 160 | | (1) Planning and management.(i) The primary responsibility of the council shall be the 6 |
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| 161 | 161 | | continuing planning for and management of the resources of the state’s coastal region. The council 7 |
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| 162 | 162 | | shall be able to make any studies of conditions, activities, or problems of the state’s coastal region 8 |
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| 163 | 163 | | needed to carry out its responsibilities. 9 |
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| 164 | 164 | | (ii) The resources management process shall include the following basic phases: 10 |
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| 165 | 165 | | (A) Identify all of the state’s coastal resources, water, submerged land, air space, fin fish, 11 |
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| 166 | 166 | | shellfish, minerals, physiographic features, and so forth. 12 |
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| 167 | 167 | | (B) Evaluate these resources in terms of their quantity, quality, capability for use, and other 13 |
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| 168 | 168 | | key characteristics. 14 |
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| 169 | 169 | | (C) Determine the current and potential uses of each resource. 15 |
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| 170 | 170 | | (D) Determine the current and potential problems of each resource. 16 |
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| 171 | 171 | | (E) Formulate plans and programs for the management of each resource, identifying 17 |
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| 172 | 172 | | permitted uses, locations, protection measures, and so forth. 18 |
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| 173 | 173 | | (F) Carry out these resources management programs through implementing authority and 19 |
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| 174 | 174 | | coordination of state, federal, local, and private activities. 20 |
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| 175 | 175 | | (G) Formulation of standards where these do not exist, and reevaluation of existing 21 |
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| 176 | 176 | | standards. 22 |
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| 177 | 177 | | (H) To develop comprehensive programs for dredging in tidal waters and related beneficial 23 |
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| 178 | 178 | | use, disposal, monitoring dewatering and transportation of dredge materials. 24 |
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| 179 | 179 | | (I) To accept and administer loans and grants from the federal government and from other 25 |
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| 180 | 180 | | sources, public or private, for the carrying out of any of its functions, which loans or grants shall 26 |
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| 181 | 181 | | not be expended for other than the purposes for which provided. 27 |
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| 182 | 182 | | (J) To encourage, participate in, or conduct studies, investigations, research, and 28 |
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| 183 | 183 | | demonstrations relating to dredging, disposal of dredge materials and transportation thereof in the 29 |
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| 184 | 184 | | tidal waters of the state as the coastal resources management council may deem advisable and 30 |
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| 185 | 185 | | necessary for the discharge of its duties under this chapter. 31 |
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| 186 | 186 | | (K) To collect and disseminate information relating to dredging, disposal of dredge 32 |
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| 187 | 187 | | materials and transportation thereof within the tidal waters of the state. 33 |
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| 188 | 188 | | (L) To work with the appropriate federal and state agencies to develop as provided for in 34 |
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| 189 | 189 | | |
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| 190 | 190 | | |
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| 191 | 191 | | LC001774 - Page 6 of 15 |
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| 192 | 192 | | this chapter and in chapter 6.1 of this title, a comprehensive plan for dredging in tidal waters and 1 |
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| 193 | 193 | | related beneficial use, disposal, monitoring dewatering and transportation of dredge materials. 2 |
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| 194 | 194 | | (M) To apply for, accept and expend grants and bequests of funds, for the purpose of 3 |
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| 195 | 195 | | carrying out the lawful responsibilities of the coastal resources management council. 4 |
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| 196 | 196 | | (iii) An initial series of resources management activities shall be initiated through this basic 5 |
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| 197 | 197 | | process, then each phase shall continuously be recycled and used to modify the council’s resources 6 |
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| 198 | 198 | | management programs and keep them current. 7 |
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| 199 | 199 | | (iv) Planning and management programs shall be formulated in terms of the characteristics 8 |
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| 200 | 200 | | and needs of each resource or group of related resources. However, all plans and programs shall be 9 |
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| 201 | 201 | | developed around basic standards and criteria, including: 10 |
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| 202 | 202 | | (A) The need and demand for various activities and their impact upon ecological systems. 11 |
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| 203 | 203 | | (B) The degree of compatibility of various activities. 12 |
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| 204 | 204 | | (C) The capability of coastal resources to support various activities. 13 |
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| 205 | 205 | | (D) Water quality standards set by the director of the department of environmental 14 |
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| 206 | 206 | | management. 15 |
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| 207 | 207 | | (E) Consideration of plans, studies, surveys, inventories, and so forth prepared by other 16 |
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| 208 | 208 | | public and private sources. 17 |
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| 209 | 209 | | (F) Consideration of contiguous land uses and transportation facilities. 18 |
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| 210 | 210 | | (G) Whenever possible consistency with the state guide plan. 19 |
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| 211 | 211 | | (v) The council shall prepare, adopt, administer, and cause to be implemented, including 20 |
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| 212 | 212 | | specifically through its powers of coordination as set forth in subdivision (3) of this section, a 21 |
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| 213 | 213 | | marine resources development plan and such special area management plans as the council may 22 |
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| 214 | 214 | | determine to be appropriate or desirable as follows: 23 |
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| 215 | 215 | | (A) Marine resources development plan. 24 |
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| 216 | 216 | | (I) The purpose of the marine resources development plan shall be to provide an integrated 25 |
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| 217 | 217 | | strategy for: (a) improving the health and functionality of Rhode Island’s marine ecosystem; (b) 26 |
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| 218 | 218 | | providing for appropriate marine-related economic development; and (c) promoting the use and 27 |
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| 219 | 219 | | enjoyment of Rhode Island’s marine resources by the people of the state. 28 |
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| 220 | 220 | | (II) The marine resources development plan shall include specific goals and objectives 29 |
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| 221 | 221 | | necessary to accomplish its purposes, performance measures to determine progress toward 30 |
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| 222 | 222 | | achieving such goals and objectives, and an implementation program. 31 |
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| 223 | 223 | | (III) The marine resources development plan shall be prepared in cooperation with the 32 |
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| 224 | 224 | | department of environmental management, the statewide planning program, and the commerce 33 |
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| 225 | 225 | | corporation, with the involvement of such other state agencies as may be appropriate, and with such 34 |
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| 226 | 226 | | |
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| 227 | 227 | | |
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| 228 | 228 | | LC001774 - Page 7 of 15 |
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| 229 | 229 | | technical support as may be necessary and appropriate from the Narragansett Bay Estuary Program, 1 |
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| 230 | 230 | | the Coastal Institute at the University of Rhode Island, and Rhode Island Sea Grant. 2 |
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| 231 | 231 | | (IV) The plan shall be responsive to the requirements and principles of the federal coastal 3 |
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| 232 | 232 | | zone management act as amended, including, but not limited to, the expectations of the act for 4 |
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| 233 | 233 | | incorporating the federal Clean Water Act into coastal zone management programs. 5 |
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| 234 | 234 | | (V) The marine resources development plan shall take into account local land use 6 |
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| 235 | 235 | | management responsibilities as provided for under title 45 and harbor management responsibilities, 7 |
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| 236 | 236 | | and the preparation of the plan shall include opportunities for involvement and/or comment by 8 |
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| 237 | 237 | | cities and towns. 9 |
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| 238 | 238 | | (VI) The marine resources development plan shall be adopted by the council in accordance 10 |
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| 239 | 239 | | with the provisions of this subsection by July 1, 2005, shall as appropriate incorporate the 11 |
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| 240 | 240 | | recommendations of the Governor’s Narragansett Bay and Watershed Planning Commission, and 12 |
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| 241 | 241 | | shall be made consistent with systems level plans as appropriate, in order to effectuate the purposes 13 |
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| 242 | 242 | | of systems level planning. The council shall update the marine resources development plan at least 14 |
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| 243 | 243 | | once every five (5) years. 15 |
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| 244 | 244 | | (VII) The council shall administer its programs, regulations, and implementation activities 16 |
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| 245 | 245 | | in a manner consistent with the marine resources development plan. 17 |
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| 246 | 246 | | (VIII) The marine resources development plan and any updates thereto shall be adopted as 18 |
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| 247 | 247 | | appropriate as elements of the state guide plan pursuant to § 42-11-10. 19 |
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| 248 | 248 | | (B) Special area management plans. 20 |
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| 249 | 249 | | (I) The council shall adopt such special area management plans as deemed necessary and 21 |
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| 250 | 250 | | desirable to provide for the integration and coordination of the protection of natural resources, the 22 |
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| 251 | 251 | | promotion of reasonable coastal-dependent economic growth, and the improved protection of life 23 |
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| 252 | 252 | | and property in the specific areas designated council as requiring such integrated planning and 24 |
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| 253 | 253 | | coordination. 25 |
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| 254 | 254 | | (II) The integrated planning and coordination herein specified shall include, but not be 26 |
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| 255 | 255 | | limited to, federal agencies, state agencies, boards, commissions, and corporations, including 27 |
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| 256 | 256 | | specifically the commerce corporation, and cities and towns, shall utilize to the extent appropriate 28 |
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| 257 | 257 | | and feasible the capacities of entities of higher education, including Rhode Island Sea Grant, and 29 |
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| 258 | 258 | | shall provide for the participation of advocacy groups, community-based organizations, and private 30 |
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| 259 | 259 | | persons. 31 |
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| 260 | 260 | | (III) The council shall administer its programs, regulations, and implementation activities 32 |
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| 261 | 261 | | in a manner consistent with special area management plans. 33 |
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| 262 | 262 | | (IV) Special area management plans and any updates thereto shall be adopted as 34 |
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| 263 | 263 | | |
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| 264 | 264 | | |
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| 265 | 265 | | LC001774 - Page 8 of 15 |
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| 266 | 266 | | appropriate as elements of the state guide plan pursuant to § 42-11-10. 1 |
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| 267 | 267 | | (2) Implementation.(i) The council is authorized to formulate policies and plans and to 2 |
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| 268 | 268 | | adopt regulations necessary to implement its various management programs. With respect to such 3 |
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| 269 | 269 | | policies and plans which relate to matters where the coastal resources management council and the 4 |
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| 270 | 270 | | department of environmental management have concurrent jurisdiction and upon formulation of 5 |
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| 271 | 271 | | the plans and regulations, the council shall, prior to adoption, submit the proposed plans or 6 |
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| 272 | 272 | | regulations to the director of the department of environmental management for the director’s 7 |
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| 273 | 273 | | review. The director shall review and submit comments to the council within thirty (30) days of 8 |
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| 274 | 274 | | submission to the director by the council. The comments of the director shall include findings with 9 |
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| 275 | 275 | | regard to the consistency of the policies, plans and/or regulations with the requirements of laws 10 |
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| 276 | 276 | | administered by the department. The council shall consider the director’s comments prior to 11 |
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| 277 | 277 | | adoption of any such policies, plans or regulations and shall respond in writing to findings of the 12 |
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| 278 | 278 | | director with regard to the consistency of said policies, plans and/or regulations with the 13 |
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| 279 | 279 | | requirements of laws administered by the department. 14 |
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| 280 | 280 | | (ii)(A) The council shall have exclusive jurisdiction below mean high water for all 15 |
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| 281 | 281 | | development, operations, and dredging, consistent with the requirements of chapter 6.1 of this title 16 |
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| 282 | 282 | | and except as necessary for the department of environmental management to exercise its powers 17 |
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| 283 | 283 | | and duties and to fulfill its responsibilities pursuant to §§ 42-17.1-2 and 42-17.1-24, and any 18 |
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| 284 | 284 | | person, firm, or governmental agency proposing any development or operation within, above, or 19 |
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| 285 | 285 | | beneath the tidal water below the mean high water mark, extending out to the extent of the state’s 20 |
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| 286 | 286 | | jurisdiction in the territorial sea, shall be required to demonstrate that its proposal would not: 21 |
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| 287 | 287 | | (I) Conflict with any resources management plan or program; 22 |
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| 288 | 288 | | (II) Make any area unsuitable for any uses or activities to which it is allocated by a 23 |
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| 289 | 289 | | resources management plan or program adopted by the council; or 24 |
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| 290 | 290 | | (III) Significantly damage the environment of the coastal region. 25 |
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| 291 | 291 | | (B) The council shall be authorized to approve, modify, set conditions for, or reject any 26 |
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| 292 | 292 | | such proposal. 27 |
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| 293 | 293 | | (iii) The authority of the council over land areas (those areas above the mean high water 28 |
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| 294 | 294 | | mark) shall be limited to two hundred feet (200′) from the coastal physiographic feature or to that 29 |
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| 295 | 295 | | necessary to carry out effective resources management programs. This shall be limited to the 30 |
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| 296 | 296 | | authority to approve, modify, set conditions for, or reject the design, location, construction, 31 |
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| 297 | 297 | | alteration, and operation of specified activities or land uses when these are related to a water area 32 |
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| 298 | 298 | | under the agency’s jurisdiction, regardless of their actual location. The council’s authority over 33 |
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| 299 | 299 | | these land uses and activities shall be limited to situations in which there is a reasonable probability 34 |
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| 300 | 300 | | |
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| 301 | 301 | | |
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| 302 | 302 | | LC001774 - Page 9 of 15 |
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| 303 | 303 | | of conflict with a plan or program for resources management or damage to the coastal environment. 1 |
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| 304 | 304 | | These uses and activities are: 2 |
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| 305 | 305 | | (A) Power generating over forty (40) megawatts and desalination plants. 3 |
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| 306 | 306 | | (B) Chemical or petroleum processing, transfer, or storage. 4 |
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| 307 | 307 | | (C) Minerals extraction. 5 |
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| 308 | 308 | | (D) Shoreline protection facilities and physiographical features, and all directly associated 6 |
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| 309 | 309 | | contiguous areas which are necessary to preserve the integrity of the facility and/or features. 7 |
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| 310 | 310 | | (E) Coastal wetlands and all directly associated contiguous areas which are necessary to 8 |
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| 311 | 311 | | preserve the integrity of the wetlands including any freshwater wetlands located in the vicinity of 9 |
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| 312 | 312 | | the coast. The actual determination of freshwater wetlands located in coastal vicinities and under 10 |
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| 313 | 313 | | the jurisdiction of the coastal resources management council shall be designated on such maps that 11 |
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| 314 | 314 | | are agreed to in writing and made available for public use by the coastal resources management 12 |
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| 315 | 315 | | council and the director, department of environmental management, within three (3) months of 13 |
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| 316 | 316 | | [August 6, 1996]. The CRMC shall have exclusive jurisdiction over the wetlands areas described 14 |
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| 317 | 317 | | in this section notwithstanding any provision of chapter 1, title 2 or any other provision, except as 15 |
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| 318 | 318 | | provided in subsection (iv) of this section. Within six (6) months of [August 6, 1996] the council 16 |
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| 319 | 319 | | in cooperation with the director shall develop rules and regulations for the management and 17 |
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| 320 | 320 | | protection of freshwater wetlands, affected by an aquaculture project, outside of those freshwater 18 |
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| 321 | 321 | | wetlands located in the vicinity of the coast and under the exclusive jurisdiction of the director of 19 |
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| 322 | 322 | | the department of environmental management. For the purpose of this chapter, a “coastal wetland” 20 |
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| 323 | 323 | | means any salt marsh bordering on the tidal waters of this state, whether or not the tidal waters 21 |
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| 324 | 324 | | reach the littoral areas through natural or artificial watercourses, and those uplands directly 22 |
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| 325 | 325 | | associated and contiguous thereto which are necessary to preserve the integrity of that marsh. 23 |
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| 326 | 326 | | Marshes shall include those areas upon which grow one or more of the following: smooth cordgrass 24 |
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| 327 | 327 | | (spartina alterniflora), salt meadow grass (spartina patens), spike grass (distichlis spicata), black 25 |
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| 328 | 328 | | rush (juncus gerardi), saltworts (salicornia spp.), sea lavender (limonium carolinianum), saltmarsh 26 |
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| 329 | 329 | | bulrushes (scirpus spp.), hightide bush (iva frutescens), tall reed (phragmites communis), tall 27 |
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| 330 | 330 | | cordgrass (spartina pectinata), broadleaf cattail (typha latifolia), narrowleaf cattail (typha 28 |
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| 331 | 331 | | angustifolia), spike rush (eleocharis rostellata), chairmaker’s rush (scirpus amercana), creeping 29 |
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| 332 | 332 | | bentgrass (agrostis palustris), sweet grass (hierochloe odorata), and wild rye (etlymus virginicus). 30 |
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| 333 | 333 | | (F) Sewage treatment and disposal and solid waste disposal facilities. 31 |
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| 334 | 334 | | (G) Beneficial use, dewatering, and disposal of dredged material of marine origins, where 32 |
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| 335 | 335 | | such activities take place within two hundred feet (200′) of mean high water or a coastal 33 |
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| 336 | 336 | | physiographic feature, or where there is a reasonable probability of conflict with a plan or program 34 |
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| 337 | 337 | | |
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| 338 | 338 | | |
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| 339 | 339 | | LC001774 - Page 10 of 15 |
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| 340 | 340 | | for resources management or damage to the coastal environment. 1 |
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| 341 | 341 | | (iv) Notwithstanding the provisions of subsections (ii) and (iii) above, the department of 2 |
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| 342 | 342 | | environmental management shall maintain jurisdiction over the administration of chapter 1, title 2, 3 |
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| 343 | 343 | | including permitting of freshwater wetlands alterations and enforcement, with respect to all 4 |
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| 344 | 344 | | agricultural activities undertaken by a farmer, as that term is defined in § 2-1-22(j), wherever 5 |
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| 345 | 345 | | located; provided, however, that with respect to activities located partially or completely within 6 |
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| 346 | 346 | | two hundred feet (200′) of the coastal physiographic feature, the department shall exercise 7 |
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| 347 | 347 | | jurisdiction in consultation with the council. 8 |
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| 348 | 348 | | (3) Coordination. The council has the following coordinating powers and duties: 9 |
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| 349 | 349 | | (i) Functioning as a binding arbitrator in any matter of dispute involving both the resources 10 |
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| 350 | 350 | | of the state’s coastal region and the interests of two (2) or more municipalities or state agencies. 11 |
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| 351 | 351 | | (ii) Consulting and coordinating actions with local, state, regional, and federal agencies 12 |
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| 352 | 352 | | and private interests. 13 |
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| 353 | 353 | | (iii) Conducting or sponsoring coastal research. 14 |
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| 354 | 354 | | (iv) Advising the governor, the general assembly, and the public on coastal matters. 15 |
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| 355 | 355 | | (v) Serving as the lead state agency and initial and primary point of contact for dredging 16 |
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| 356 | 356 | | activities in tidal waters and in that capacity, integrating and coordinating the plans and policies of 17 |
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| 357 | 357 | | other state agencies as they pertain to dredging in order to develop comprehensive programs for 18 |
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| 358 | 358 | | dredging as required by subparagraph (1)(ii)(H) of this section and chapter 6.1 of this title. The 19 |
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| 359 | 359 | | Rhode Island resource recovery corporation prior to purchasing cover material for the state landfill 20 |
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| 360 | 360 | | shall first contact the CRMC to see if there is a source of suitable dredged material available which 21 |
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| 361 | 361 | | shall be used in place of the purchase cover material. Other state agencies engaged in the process 22 |
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| 362 | 362 | | of dump closures shall also contact the CRMC to see if there is a source of suitable dredged material 23 |
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| 363 | 363 | | available, which shall be used in place of the purchase cover material. In addition, cities and towns 24 |
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| 364 | 364 | | may contact the CRMC prior to closing city or town controlled dump sites to see if there is a source 25 |
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| 365 | 365 | | of suitable dredge material available, which may be used in place of the purchase cover material. 26 |
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| 366 | 366 | | (vi) Acting as the state’s representative to all bodies public and private on all coastal and 27 |
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| 367 | 367 | | aquaculture related matters. 28 |
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| 368 | 368 | | (4) Operations. The council is authorized to exercise the following operating functions, 29 |
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| 369 | 369 | | which are essential to management of coastal resources: 30 |
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| 370 | 370 | | (i) Issue, modify, or deny permits for any work in, above, or beneath the areas under its 31 |
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| 371 | 371 | | jurisdiction, including conduct of any form of aquaculture. 32 |
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| 372 | 372 | | (ii) Issue, modify, or deny permits for dredging, filling, or any other physical alteration of 33 |
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| 373 | 373 | | coastal wetlands and all directly related contiguous areas which are necessary to preserve the 34 |
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| 374 | 374 | | |
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| 375 | 375 | | |
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| 376 | 376 | | LC001774 - Page 11 of 15 |
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| 377 | 377 | | integrity of the wetlands, including, but not limited to, the transportation and disposal of dredge 1 |
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| 378 | 378 | | materials in the tidal waters. 2 |
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| 379 | 379 | | (iii) Grant licenses, permits, and easements for the use of coastal resources which are held 3 |
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| 380 | 380 | | in trust by the state for all its citizens, and impose fees for private use of these resources. 4 |
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| 381 | 381 | | (iv) Determining the need for and establishing pierhead, bulkhead, and harbor lines. 5 |
|---|
| 382 | 382 | | (v) Enforcing and implementing riparian rights in the tidal waters after judicial decisions. 6 |
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| 383 | 383 | | (vi) The council may require an owner or operator of a commercial wharf or pier of a 7 |
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| 384 | 384 | | marine commercial facility, as defined in 300.3 of the Rhode Island coastal resources management 8 |
|---|
| 385 | 385 | | program, but not including those facilities defined in 300.4 of the Rhode Island coastal resources 9 |
|---|
| 386 | 386 | | management program, and which is capable of offloading cargo, and is or will be subject to a new 10 |
|---|
| 387 | 387 | | use or a significant intensification of an existing use, to demonstrate that the commercial wharf or 11 |
|---|
| 388 | 388 | | pier is fit for that purpose. For the purposes of this subsection, a “commercial wharf or pier” means 12 |
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| 389 | 389 | | a pier, bulkhead, wharf, docking facility, or underwater utilities. The council may order said owner 13 |
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| 390 | 390 | | or operator to provide an engineering certification to the council’s satisfaction that the commercial 14 |
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| 391 | 391 | | wharf or pier is fit for the new use or intensification of an existing use. If the council determines 15 |
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| 392 | 392 | | that the commercial wharf or pier is not fit, it may order the owner or operator to undertake the 16 |
|---|
| 393 | 393 | | necessary work to make the commercial wharf or pier safe, within a reasonable time frame. If the 17 |
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| 394 | 394 | | council determines that the commercial wharf or pier, because of its condition, is an immediate 18 |
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| 395 | 395 | | threat to public health and safety it may order the commercial wharf or pier closed until the 19 |
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| 396 | 396 | | necessary work to make the commercial wharf or pier safe has been performed and approved by 20 |
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| 397 | 397 | | the council. All work performed must conform to the council’s management program. The council 21 |
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| 398 | 398 | | is also given the authority to develop regulations to carry out this provision and to impose 22 |
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| 399 | 399 | | administrative penalties of five thousand dollars ($5,000) per day up to a maximum of twenty 23 |
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| 400 | 400 | | thousand dollars ($20,000) consistent with § 46-23-7.1 where there has been a violation of the 24 |
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| 401 | 401 | | orders under this provision. 25 |
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| 402 | 402 | | (5) Rights-of-way.(i) The council is responsible for the designation of all public rights-of-26 |
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| 403 | 403 | | way to the tidal water areas of the state, and shall carry on a continuing discovery of appropriate 27 |
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| 404 | 404 | | public rights-of-way to the tidal water areas of the state. 28 |
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| 405 | 405 | | (ii) The council shall maintain a complete file of all official documents relating to the legal 29 |
|---|
| 406 | 406 | | status of all public rights-of-way to the tidal water areas of the state. 30 |
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| 407 | 407 | | (iii)(A) The council has the power to designate for acquisition and development, and 31 |
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| 408 | 408 | | posting, and all other functions of any other department for tidal rights-of-way and land for tidal 32 |
|---|
| 409 | 409 | | rights-of-way, parking facilities, and other council related purposes. 33 |
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| 410 | 410 | | (B) Further, the council has the power to develop and prescribe a standard sign to be used 34 |
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| 411 | 411 | | |
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| 412 | 412 | | |
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| 413 | 413 | | LC001774 - Page 12 of 15 |
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| 414 | 414 | | by the cities and towns to mark designated rights-of-way. 1 |
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| 415 | 415 | | (iv) In conjunction with this subdivision, every state department controlling state-owned 2 |
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| 416 | 416 | | land close to or adjacent to discovered rights-of-way is authorized to set out the land, or so much 3 |
|---|
| 417 | 417 | | of the land that may be deemed necessary for public parking. 4 |
|---|
| 418 | 418 | | (v) No use of land for public parking shall conflict with existing or intended use of the land, 5 |
|---|
| 419 | 419 | | and no improvement shall be undertaken by any state agency until detailed plans have been 6 |
|---|
| 420 | 420 | | submitted to and approved by the governing body of the local municipality. 7 |
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| 421 | 421 | | (vi) In designating rights-of-way, the council shall consider the following matters in 8 |
|---|
| 422 | 422 | | making its designation: 9 |
|---|
| 423 | 423 | | (A) Land evidence records; 10 |
|---|
| 424 | 424 | | (B) The exercise of domain over the parcel such as maintenance, construction, or upkeep; 11 |
|---|
| 425 | 425 | | (C) The payment of taxes; 12 |
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| 426 | 426 | | (D) The creation of a dedication; 13 |
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| 427 | 427 | | (E) Public use; 14 |
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| 428 | 428 | | (F) Any other public record or historical evidence such as maps and street indexes; 15 |
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| 429 | 429 | | (G) Other evidence as set out in § 42-35-10. 16 |
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| 430 | 430 | | (vii) A determination by the council that a parcel is a right-of-way shall be decided by 17 |
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| 431 | 431 | | substantial evidence. 18 |
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| 432 | 432 | | (viii) The council shall be notified whenever by the judgment of the governing body of a 19 |
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| 433 | 433 | | coastal municipality, a public right-of-way to tidal water areas located in such municipality has 20 |
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| 434 | 434 | | ceased to be useful to the public, and such governing body proposes an order of abandonment of 21 |
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| 435 | 435 | | such public right-of-way. Said notice shall be given not less than sixty (60) days prior to the date 22 |
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| 436 | 436 | | of such abandonment. 23 |
|---|
| 437 | 437 | | (6) Pre-existing residential boating facilities.(i) The council is hereby authorized and 24 |
|---|
| 438 | 438 | | empowered to issue assent for pre-existing residential boating facilities constructed prior to January 25 |
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| 439 | 439 | | 1, 1985. These assents may be issued for pre-existing residential boating facilities, even though 26 |
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| 440 | 440 | | such facilities do not meet current standards and policies of the council; provided, however, that 27 |
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| 441 | 441 | | the council finds that such facilities do not pose any significant risk to the coastal resources of the 28 |
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| 442 | 442 | | state of Rhode Island and do not endanger human safety. 29 |
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| 443 | 443 | | (ii) In addition to the above criteria, the applicant shall provide clear and convincing 30 |
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| 444 | 444 | | evidence that: 31 |
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| 445 | 445 | | (A) The facility existed in substantially the same configuration as it now exists prior to 32 |
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| 446 | 446 | | January 1, 1985; 33 |
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| 447 | 447 | | (B) The facility is presently intact and functional; and 34 |
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| 448 | 448 | | |
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| 449 | 449 | | |
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| 450 | 450 | | LC001774 - Page 13 of 15 |
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| 451 | 451 | | (C) The facility presents no significant threat to the coastal resources of the state of Rhode 1 |
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| 452 | 452 | | Island or human safety. 2 |
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| 453 | 453 | | (iii) The applicant, to be eligible for this provision, shall apply no later than January 31, 3 |
|---|
| 454 | 454 | | 1999. 4 |
|---|
| 455 | 455 | | (iv) The council is directed to develop rules and regulations necessary to implement this 5 |
|---|
| 456 | 456 | | subdivision. 6 |
|---|
| 457 | 457 | | (v) It is the specific intent of this subsection to require that all pre-existing residential 7 |
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| 458 | 458 | | boating facilities constructed on January 1, 1985, or thereafter conform to this chapter and the plans, 8 |
|---|
| 459 | 459 | | rules and regulations of the council. 9 |
|---|
| 460 | 460 | | (7) Lease of filled lands which were formerly tidal lands to riparian or littoral owners.(i) 10 |
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| 461 | 461 | | Any littoral or riparian owner in this state who desires to obtain a lease from the state of Rhode 11 |
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| 462 | 462 | | Island of any filled lands adjacent to his or her upland shall apply to the council, which may make 12 |
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| 463 | 463 | | the lease. Any littoral or riparian owner who wishes to obtain a lease of filled lands must obtain 13 |
|---|
| 464 | 464 | | pre-approval, in the form of an assent, from the council. Any lease granted by the council shall 14 |
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| 465 | 465 | | continue the public’s interest in the filled lands including, but not limited to, the rights of 15 |
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| 466 | 466 | | navigation, fishery, and commerce. The public trust in the lands shall continue and run concurrently 16 |
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| 467 | 467 | | with the leasing of the lands by the state to private individuals, corporations, or municipalities. 17 |
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| 468 | 468 | | Upon the granting of a lease by the council, those rights consistent with the public trust and secured 18 |
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| 469 | 469 | | by the lease shall vest in the lessee. The council may approve a lease of filled lands for an initial 19 |
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| 470 | 470 | | term of up to fifty (50) years, with, or without, a single option to renew for an additional term of 20 |
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| 471 | 471 | | up to fifty (50) years. An appropriate fee for such use and/or lease may be required. 21 |
|---|
| 472 | 472 | | (ii) Consistent with § 46-23-1(f) et seq., large-scale filling projects involving twenty-five 22 |
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| 473 | 473 | | (25) acres or more, or any and all projects involving the lease of tidal lands of twenty-five (25) 23 |
|---|
| 474 | 474 | | acres or more, any lease of tidal lands, or any license to use those lands, is subject to approval, 24 |
|---|
| 475 | 475 | | disapproval, or conditional approval by the direct enactment of the general assembly by legislative 25 |
|---|
| 476 | 476 | | action. 26 |
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| 477 | 477 | | (ii)(iii) The lessor of the lease, at any time, for cause, may by express act cancel and annul 27 |
|---|
| 478 | 478 | | any lease previously made to the riparian owner when it determines that the use of the lands is 28 |
|---|
| 479 | 479 | | violating the terms of the lease or is inconsistent with the public trust, or a fee for such lease has 29 |
|---|
| 480 | 480 | | not been paid, and upon cancellation the lands, and rights in the land so leased, shall revert to the 30 |
|---|
| 481 | 481 | | state. Any fees paid shall not be returned. 31 |
|---|
| 482 | 482 | | (8) “Marinas” as defined in the coastal resources management program in effect as of June 32 |
|---|
| 483 | 483 | | 1, 1997, are deemed to be one of the uses consistent with the public trust. Subdivision (7) is not 33 |
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| 484 | 484 | | applicable to: 34 |
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| 485 | 485 | | |
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| 486 | 486 | | |
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| 487 | 487 | | LC001774 - Page 14 of 15 |
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| 488 | 488 | | (i) Any riparian owner on tidal waters in this state (and any successor in interest to the 1 |
|---|
| 489 | 489 | | owner) which has an assent issued by the council to use any land under water in front of his or her 2 |
|---|
| 490 | 490 | | lands as a marina, which assent was in effect on June 1, 1997; 3 |
|---|
| 491 | 491 | | (ii) Any alteration, expansion, or other activity at a marina (and any successor in interest) 4 |
|---|
| 492 | 492 | | which has an assent issued by the council, which assent was in effect on June 1, 1997; and 5 |
|---|
| 493 | 493 | | (iii) Any renewal of assent to a marina (or successor in interest), which assent was issued 6 |
|---|
| 494 | 494 | | by the council and in effect on June 1, 1997. 7 |
|---|
| 495 | 495 | | (9) “Recreational boating facilities” including marinas, launching ramps, and recreational 8 |
|---|
| 496 | 496 | | mooring areas, as defined by and properly permitted by the council, are deemed to be one of the 9 |
|---|
| 497 | 497 | | uses consistent with the public trust. Subdivision (7) is not applicable to: 10 |
|---|
| 498 | 498 | | (i) Any riparian owner on tidal waters in this state (and any successor in interest to the 11 |
|---|
| 499 | 499 | | owner) which has an assent issued by the council to use any land under water in front of his or her 12 |
|---|
| 500 | 500 | | lands as a recreational boating facility; any alteration, expansion or other activity at a recreational 13 |
|---|
| 501 | 501 | | boating facility (and any successor in interest) which has an assent issued by the council, which 14 |
|---|
| 502 | 502 | | assent was in effect as of June 1, 1997; and 15 |
|---|
| 503 | 503 | | (ii) Any renewal of assent to a recreational boating facility (or successor in interest), which 16 |
|---|
| 504 | 504 | | assent was issued by the council and in effect on June 1, 1997. 17 |
|---|
| 505 | 505 | | SECTION 2. This act shall take effect upon passage. 18 |
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| 506 | 506 | | ======== |
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| 507 | 507 | | LC001774 |
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| 508 | 508 | | ======== |
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| 509 | 509 | | |
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| 510 | 510 | | |
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| 511 | 511 | | LC001774 - Page 15 of 15 |
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| 512 | 512 | | EXPLANATION |
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| 513 | 513 | | BY THE LEGISLATIVE COUNCIL |
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| 514 | 514 | | OF |
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| 515 | 515 | | A N A C T |
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| 516 | 516 | | RELATING TO WATERS AND NAVIGATION -- COASTAL RESOURCES MANAG EMENT |
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| 517 | 517 | | COUNCIL |
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| 518 | 518 | | *** |
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| 519 | 519 | | This act would provide that the legislature would be the body that negotiates on behalf of 1 |
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| 520 | 520 | | the state for all activities occurring in, on and over state submerged land extending beyond twenty-2 |
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| 521 | 521 | | five (25) acres. 3 |
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| 522 | 522 | | This act would take effect upon passage. 4 |
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| 523 | 523 | | ======== |
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| 524 | 524 | | LC001774 |
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| 525 | 525 | | ======== |
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