Rhode Island 2025 Regular Session

Rhode Island House Bill H5706 Compare Versions

Only one version of the bill is available at this time.

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5	5	2025 -- H 5706
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7	7	LC001018
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9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2025
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO WATERS AND NAVIGATION -- COASTAL RESOURCES MA NAGEMENT
16	16	COUNCIL
17	17	Introduced By: Representatives Cortvriend, Tanzi, Edwards, Finkelman, Carson,
18	18	Speakman, Knight, Handy, Fogarty, and Dawson
19	19	Date Introduced: February 26, 2025
20	20	Referred To: House State Government & Elections
21	21	(Attorney General)
22	22
23	23	It is enacted by the General Assembly as follows:
24	24	SECTION 1. The title of Chapter 46-23 of the General Laws entitled "Coastal Resources 1
25	25	Management Council" is hereby amended to read as follows: 2
26	26	CHAPTER 46-23 3
27	27	Coastal Resources Management Council 4
28	28	CHAPTER 46-23 5
29	29	DEPARTMENT OF COASTAL RESOURCES 6
30	30	SECTION 2. Sections 46-23-1, 46-23-2, 46-23-4, 46-23-4.1, 46-23-6, 46-23-6.1, 46-23-7
31	31	6.2, 46-23-7, 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, 8
32	32	46-23-13, 46-23-14, 46-23-15, 46-23-15.1, 46-23-16, 46-23-18, 46-23-18.1, 46-23-18.2, 46-23-9
33	33	18.3, 46-23-18.4, 46-23-18.5, 46-23-18.6, 46-23-20, 46-23-20.1, 46-23-20.2, 46-23-20.3, 46-23-10
34	34	20.4, 46-23-20.5, 46-23-20.6, 46-23-21, 46-23-22, 46-23-23, 46-23-24, 46-23-25 and 46-23-26 of 11
35	35	the General Laws in Chapter 46-23 entitled "Coastal Resources Management Council" are hereby 12
36	36	amended to read as follows: 13
37	37	46-23-1. Legislative findings. 14
38	38	(a)(1) Under article 1, § 17 of the Rhode Island Constitution, the people shall continue to 15
39	39	enjoy and freely exercise all the rights of fishery, and the privileges of the shore, to which they 16
40	40	have been heretofore entitled under the charter and usages of this state, including, but not limited 17
41	41	to, fishing from the shore, the gathering of seaweed, leaving the shore to swim in the sea and 18
42	42
43	43
44	44	LC001018 - Page 2 of 34
45	45	passage along the shore; and they shall be secure in their rights to use and enjoyment of the natural 1
46	46	resources of the state with due regard for the preservation of their values; and it is the duty of the 2
47	47	general assembly to provide for the conservation of the air, land, water, plant, animal, mineral and 3
48	48	other natural resources of the state, and to adopt all means necessary and proper by law to protect 4
49	49	the natural environment of the people of the state by providing adequate resource planning for the 5
50	50	control and regulation of the use of the natural resources of the state and for the preservation, 6
51	51	regeneration, and restoration of the natural environment of the state. 7
52	52	(2) The general assembly recognizes and declares that the coastal resources of Rhode 8
53	53	Island, a rich variety of natural, commercial, industrial, recreational, and aesthetic assets, are of 9
54	54	immediate and potential value to the present and future development of this state; that unplanned 10
55	55	or poorly planned development of this basic natural environment has already damaged or destroyed, 11
56	56	or has the potential of damaging or destroying, the state’s coastal resources, and has restricted the 12
57	57	most efficient and beneficial utilization of these resources; that it shall be the policy of this state to 13
58	58	preserve, protect, develop, and, where possible, restore the coastal resources of the state for this 14
59	59	and succeeding generations through comprehensive and coordinated long range planning and 15
60	60	management designed to produce the maximum benefit for society from these coastal resources; 16
61	61	and that preservation and restoration of ecological systems shall be the primary guiding principle 17
62	62	upon which environmental alteration of coastal resources will be measured, judged, and regulated. 18
63	63	(b)(1) That effective implementation of these policies is essential to the social and 19
64	64	economic well-being of the people of Rhode Island because the sea and its adjacent lands are major 20
65	65	sources of food and public recreation, because these resources are used by and for industry, 21
66	66	transportation, waste disposal, and other purposes, and because the demands made on these 22
67	67	resources are increasing in number, magnitude, and complexity; and that these policies are 23
68	68	necessary to protect the public health, safety, and general welfare. Pursuant to 16 U.S.C. § 1452 24
69	69	(“The Coastal Zone Management Act”), the general assembly hereby directs the council department 25
70	70	of coastal resources (referred to as “CRMC” the "department") to exercise effectively its 26
71	71	responsibilities in the coastal zone through the development and implementation of management 27
72	72	programs to achieve wise use of the land and water resources of the coastal zone. 28
73	73	(2) Furthermore, that implementation of these policies is necessary in order to secure the 29
74	74	rights of the people of Rhode Island to the use and enjoyment of the natural resources of the state 30
75	75	with due regard for the preservation of their values, and in order to allow the general assembly to 31
76	76	fulfill its duty to provide for the conservation of the air, land, water, plant, animal, mineral, and 32
77	77	other natural resources of the state, and to adopt all means necessary and proper by law to protect 33
78	78	the natural environment of the people of the state by providing adequate resource planning for the 34
79	79
80	80
81	81	LC001018 - Page 3 of 34
82	82	control and regulation of the use of the natural resources of the state and for the preservation, 1
83	83	regeneration, and restoration of the natural environment of the state. 2
84	84	(c) That these policies can best be achieved through the creation of a coastal resources 3
85	85	management council department of coastal resources as the principal mechanism for management 4
86	86	of the state’s coastal resources. 5
87	87	(d) The general assembly recognizes and declares that maintenance dredging is required to 6
88	88	remove natural silt accumulations; Rhode Island has not had a general maintenance dredging policy 7
89	89	and programs for ports, port facilities, channels, harbors, public and private marinas and boating 8
90	90	facilities, recreational facilities and habitat areas; other major coastal states have maintenance 9
91	91	dredging policies and in-water maintenance dredge disposal sites; as a result of the lack of a general 10
92	92	maintenance dredging policy and program and as a result there has been: 11
93	93	(1) A decrease in the depth of the Providence Channel from forty-four (44) feet in 1971 to 12
94	94	twenty-four (24) feet in 1996; 13
95	95	(2) Navigational restrictions on ocean going vessels through the state’s waterways and 14
96	96	channels; and 15
97	97	(3) A decrease in the number of available slips and moorings at marinas throughout the 16
98	98	state; and the lack of a maintenance dredging policy and programs have significant adverse 17
99	99	environmental and economic effects on the state and therefore it is in the best interest of the state, 18
100	100	the cities and towns of the state, and the citizens thereof for the state to have a general maintenance 19
101	101	dredging policy and programs to resolve issues related to dredge maintenance and disposal and 20
102	102	avoid future significant direct and indirect adverse impact on the environment and economy of the 21
103	103	state. 22
104	104	(e) The department of coastal resources management council is hereby designated as the 23
105	105	lead state agency for purposes of dredging in tidal waters and as such shall have the following 24
106	106	duties and responsibilities: 25
107	107	(1) To coordinate the interest of the state with regard to dredging; 26
108	108	(2) To formulate and adopt a state policy with regard to dredging which integrates those 27
109	109	interests; 28
110	110	(3) To cooperate with, negotiate, and to enter into agreements on behalf of the state with 29
111	111	the federal government and with other public bodies and private parties with regard to dredging; 30
112	112	(4) To act as the initial and primary point of contact for all applications to the state for 31
113	113	dredging projects in tidal waters; 32
114	114	(5) To develop, prepare, adopt pursuant to § 46-23-11, implement, and maintain a 33
115	115	comprehensive plan for dredge material management; and 34
116	116
117	117
118	118	LC001018 - Page 4 of 34
119	119	(6) To cooperate and coordinate with the departments of environmental management, 1
120	120	transportation, administration, and health, and the economic development corporation in the 2
121	121	conduct of these duties and responsibilities. 3
122	122	(f)(1) The legislature recognizes that under Article I, § 17, the submerged lands of the state 4
123	123	are impressed with a public trust and that the state is responsible for the protection of the public’s 5
124	124	interest in these lands. The state maintains title in fee to all soil within its boundaries that lies below 6
125	125	the high water mark, and it holds that land in trust for the use of the public. In benefiting the public, 7
126	126	the state preserves certain public rights which include, but are not limited to, fishery, commerce, 8
127	127	and navigation in these waters and the submerged lands that they cover. 9
128	128	(2) Since All the powers and duties previously vested in the coastal resources management 10
129	129	council since its establishment in 1971, are hereby transferred to the department of coastal resources 11
130	130	("department"). the CRMC The department has had the authority to manage and plan for the 12
131	131	preservation of the coastal resources of the state including, but not limited to, submerged lands. 13
132	132	The legislature hereby declares that, in light of the unique size, scope, and overall potential impact 14
133	133	upon the environment of large scale filling projects involving twenty-five (25) acres or more, any 15
134	134	lease of tidal lands, or any license to use those lands, is subject to approval, disapproval, or 16
135	135	conditional approval by the direct enactment of the general assembly by legislative action. The 17
136	136	CRMC department shall review all requests for leases, licenses to use the land, and other authority 18
137	137	to use the land made by any applicant prior to presentation of the request to the general assembly, 19
138	138	and the CRMC department shall make recommendations on the request to the general assembly. 20
139	139	With the exception of any and all projects to fill land of twenty-five (25) acres or more, the general 21
140	140	assembly hereby recognizes and declares that the CRMC department is delegated the sole and 22
141	141	exclusive authority for the leasing of submerged and filled lands and giving licenses for the use of 23
142	142	that land. Accordingly, the CRMC department will develop, coordinate, and adopt a system for the 24
143	143	leasing of submerged and filled lands, and licenses for the use of that land, and will ensure that all 25
144	144	leases and licenses are consistent with the public trust. Pursuant thereto, the CRMC department 26
145	145	shall impose a maximum fee of eighty thousand dollars ($80,000) per annum for any transatlantic 27
146	146	cable that makes landfall in Rhode Island. All such fees collected shall be deposited into the Bays, 28
147	147	Rivers and Watersheds Fund, established pursuant to § 46-31-12.1, and shall be disbursed 29
148	148	according to the purposes of that fund. Nothing contained in this subsection negates, repeals, or 30
149	149	alters the provisions, processes, and requirements for the leasing of submerged land for the conduct 31
150	150	of aquaculture as set out under chapter 10 of title 20. Therefore, nothing in this chapter shall be 32
151	151	construed to limit or impair the authority of the state, or any duly established agency of the state, 33
152	152	to regulate filling or dredging affecting tidal lands owned by the state or any other entity, and 34
153	153
154	154
155	155	LC001018 - Page 5 of 34
156	156	nothing in this chapter shall be construed to limit or impair the obligation of the applicant to obtain 1
157	157	all applicable regulatory approvals. Specifically, and without limiting the foregoing, nothing in this 2
158	158	subsection negates, repeals, or alters the provisions, processes, and requirements for water quality 3
159	159	certification contained in chapter 12 of this title. 4
160	160	(3) Definitions. As used in this chapter, the following words unless the context clearly 5
161	161	requires otherwise, shall have the following meanings: 6
162	162	(i) "Department" means the department of coastal resources as established herein. 7
163	163	(ii) "Director" means the director of the department of coastal resources as established 8
164	164	herein, or their duly authorized agent, unless stated otherwise. 9
165	165	(i)(iii) “Filled land” means portions of tidal lands which have been rendered by the acts of 10
166	166	man to be no longer subject to tidal action or beneath tidal waters. 11
167	167	(ii)(iv) “Tidal Lands” means those lands that are below the mean high water. 12
168	168	(iii)(v) “Mean high water” means a line of contour representing the 18.6 year average as 13
169	169	determined by the metonic cycle and/or its equivalent as evidenced by the records, tidal datum, and 14
170	170	methodology of the United States Coastal Geodetic Survey within the National Oceanic and 15
171	171	Atmospheric Administration. 16
172	172	46-23-2. Coastal resources management council created — Appointment of members. 17
173	173	Department of coastal resources – Transfer of responsibilities and community advisory 18
174	174	committee. 19
175	175	(a) There is hereby created the coastal resources management council. The coastal 20
176	176	resources management council shall consist of ten (10) members. Nine (9) members shall be 21
177	177	appointed by the governor, with advice and consent of the senate, and one member shall serve ex 22
178	178	officio. All current appointments to the coastal resources management council made by the 23
179	179	governor with advice and consent of the senate are hereby validated and ratified and those 24
180	180	appointees shall serve for the remainder of their term. 25
181	181	(1) Six (6) of the members shall be appointed or elected officials of local government: three 26
182	182	(3) of whom shall be appointed or elected officials in a municipality of fewer than twenty-five 27
183	183	thousand (25,000) in population, three (3) of whom shall be appointed or elected officials in a 28
184	184	municipality of more than twenty-five thousand (25,000) in population. The populations are to be 29
185	185	determined by the latest federal census. Elected or appointed municipal officials shall hold seats on 30
186	186	the council only so long as they remain in their elected or appointed office. Each municipal 31
187	187	appointment shall cease if the appointed or elected official shall no longer hold or change the office 32
188	188	which they held upon appointment. At least five (5) out of the six (6) appointed or elected members 33
189	189	must be appointed or elected in a coastal municipality. When the governor submits his or her 34
190	190
191	191
192	192	LC001018 - Page 6 of 34
193	193	appointments to the senate for advice and consent, the governor shall specify the appointed or 1
194	194	elected office that each municipal appointment holds; the population of the municipality 2
195	195	represented; and the member being replaced. 3
196	196	(2) Three (3) members shall be appointed by the governor from the public, with the advice 4
197	197	and consent of the senate, one of the public members and his or her successors shall reside in a 5
198	198	coastal municipality. 6
199	199	(3) All members shall serve until their successors are appointed and qualified; during the 7
200	200	month of January, the governor shall appoint, with the advice and consent of the senate, a member 8
201	201	to succeed the members whose term will then next expire for a term of three (3) years commencing 9
202	202	on the first day of February next following and until their successor is named and qualified. A 10
203	203	member shall be eligible for successive appointments. No more than two (2) persons on the council 11
204	204	shall be from the same municipality. A vacancy other than by expiration shall be filled in the 12
205	205	manner of the original appointment but only for the unexpired portion of the term. 13
206	206	(a) There is hereby established within the executive branch of the state government a 14
207	207	department of coastal resources. The head of the department shall be the director of the department 15
208	208	of coastal resources who shall be in the unclassified service and who shall be appointed by the 16
209	209	governor, with the advice and consent of the senate, and shall serve at the pleasure of the governor. 17
210	210	(1) Whenever, in any general law, public law or regulation the words “coastal resources 18
211	211	management council”, the “council” or “CRMC” shall appear, the same shall be deemed to refer to 19
212	212	and to mean the “department of coastal resources.” Whenever, in any general law, public law or 20
213	213	regulation the words “chairman” or “chairperson of the coastal resources management council” 21
214	214	shall appear, the same shall be deemed to refer to and mean the “director of the department of 22
215	215	coastal resources.” 23
216	216	(2) The director of the department of coastal resources ("director") assuming any duties 24
217	217	formerly imposed upon any other department, division, board, commission, or other agency shall 25
218	218	perform those duties, notwithstanding that those duties were formerly performed by a board, 26
219	219	council, department, or a single officer. Any ruling, decision, or order made by the director with 27
220	220	regard to matters within the director's jurisdiction shall be subject to any existing right of appeal to 28
221	221	a court of competent jurisdiction. 29
222	222	(b) There is hereby established a community advisory committee for the department of 30
223	223	coastal resources ("the committee"). The role of the committee is to provide the department with 31
224	224	input on policy initiatives and program improvements. The director shall schedule and hold public 32
225	225	committee meetings at least two (2) times per year. 33
226	226	(1) The committee shall consist of ten (10) members. Nine (9) members shall be appointed 34
227	227
228	228
229	229	LC001018 - Page 7 of 34
230	230	by the governor and one member shall serve ex officio. Members of the committee shall be 1
231	231	knowledgeable in coastal law, costal policy or coastal ecology. No two (2) members shall reside in 2
232	232	the same community; and 3
233	233	(4)(2) The director of the department of environmental management, or their designee, 4
234	234	shall serve ex officio. The ex-officio member shall not be counted as serving from any particular 5
235	235	municipality community. 6
236	236	(b) In addition to the foregoing voting members, the council may include a varying number 7
237	237	of other members who may serve in an advisory capacity without the right to vote and who may be 8
238	238	invited to serve by either the governor or the voting members. These advisory members may 9
239	239	represent the federal agencies such as the navy, coast guard, corps of engineers, public health 10
240	240	service, and the Federal Water Pollution Control Administration, and such regional agencies as the 11
241	241	New England River Basins Commission and the New England Regional Commission and any other 12
242	242	group or interest not otherwise represented. 13
243	243	(c) There may be established a coastal resources advisory committee which committee, 14
244	244	appointed by the executive director of the coastal resources management council, may include, but 15
245	245	not be limited to, representation from the following groups: one of whom may be a representative 16
246	246	of the university of Rhode Island graduate school of oceanography and the college of resources 17
247	247	development, one of whom may be a representative of the Sea Grant National College Program, 18
248	248	one of whom may be a representative of the army corps of engineers, one of whom may be a 19
249	249	representative of the federal environmental protection agency’s Narragansett Bay laboratory, one 20
250	250	of whom shall be a representative of the coastal resources management council, one of whom may 21
251	251	be the director of the department of environmental management; one of whom may be a member 22
252	252	of the Rhode Island Marine Trade Association and one of whom may be a representative of a 23
253	253	regional environmental group. The council director shall have the authority to appoint these 24
254	254	additional members to the other advisory committee committees, as is deemed necessary or 25
255	255	advisable by the advisory committee or the council director. It shall be the responsibility of the 26
256	256	committee to advise the coastal resources management council on environmental issues relating to 27
257	257	dredging and permitting related thereto, including, but not limited to, those issues defined in §§ 46-28
258	258	23-18.1 — 46-23-18.3, inclusive. 29
259	259	(d) The council shall have the authority to form committees of other advisory groups as 30
260	260	needed from both its own members and others. 31
261	261	46-23-4. Officers of the council — Quorum and vote required for action. Attorneys 32
262	262	and employees of the department. 33
263	263	The governor shall select from the appointed members a chairperson and vice chairperson. 34
264	264
265	265
266	266	LC001018 - Page 8 of 34
267	267	The council shall thereupon select a secretary from among its membership or staff. The council 1
268	268	may engage staff, including legal counsel, as it deems necessary. A quorum shall consist of six (6) 2
269	269	members of the council. A majority vote of those present shall be required for action. 3
270	270	(a) Staff attorney. There is hereby created the position(s) of staff attorney to the director of 4
271	271	the department of coastal resources. The director is hereby empowered and directed to hire at least 5
272	272	one full-time staff attorney(s) consistent with this section. The staff attorney(s) shall be hired by 6
273	273	and serve at the pleasure of the director and shall serve in the unclassified service. 7
274	274	(1) The staff attorney(s) shall be an attorney(s)-at-law and shall not otherwise engage in 8
275	275	the practice of law. The staff attorney(s) shall represent the director and staff on all matters 9
276	276	including representation at department hearings. Nothing in this chapter shall limit the authority of 10
277	277	the attorney general, including the authority granted in § 42-9-6. 11
278	278	(b) The director may engage staff, as they deem necessary to carry out the department's 12
279	279	duties. 13
280	280	(c) Notwithstanding any other law to the contrary and upon the effective date of this 14
281	281	section, all employees of the coastal resources management council shall be transferred to the 15
282	282	department of coastal resources and retain civil service status, title, rate of pay and benefits. 16
283	283	46-23-4.1. Executive director of coastal resources management. Coordination of 17
284	284	agencies. 18
285	285	The governor shall appoint, with the advice and consent of the senate, an executive director 19
286	286	of coastal resources management who shall be an employee of the council and who shall not be a 20
287	287	member of the council. The executive director shall coordinate and liaison with the director of the 21
288	288	department of environmental management, and the executive director’s staff shall be at the same 22
289	289	staff level as the other executive directors, and the executive director shall work directly with the 23
290	290	other division leaders. The executive director of coastal resources management shall be in the 24
291	291	unclassified service. The primary duty and responsibility of the executive director shall be to 25
292	292	continue planning for and management of the resources of the state’s coastal region directors. 26
293	293	46-23-6. Powers and duties — Rights-of-way. Continuing authorities – Powers and 27
294	294	duties – Rights-of-way. 28
295	295	All prior actions taken by the coastal resources management council including, but not 29
296	296	limited to, permits issued, enforcement actions taken, special area management plans, policies and 30
297	297	all duly promulgated regulations remain valid and enforceable by the department. In order to 31
298	298	properly manage coastal resources the council has department is empowered to exercise all the 32
299	299	functions, powers, and duties heretofore vested in the coastal resources management council, 33
300	300	including, but not limited to, the following powers and duties: 34
301	301
302	302
303	303	LC001018 - Page 9 of 34
304	304	(1) Planning and management.(i) The primary responsibility of the council department 1
305	305	shall be the continuing planning for and management of the resources of the state’s coastal region. 2
306	306	The council department shall be able to make any studies of conditions, activities, or problems of 3
307	307	the state’s coastal region needed to carry out its responsibilities. 4
308	308	(ii) The resources management process shall include the following basic phases: 5
309	309	(A) Identify all of the state’s coastal resources, water, submerged land, air space, fin fish, 6
310	310	shellfish, minerals, physiographic features, and so forth. 7
311	311	(B) Evaluate these resources in terms of their quantity, quality, capability for use, and other 8
312	312	key characteristics. 9
313	313	(C) Determine the current and potential uses of each resource. 10
314	314	(D) Determine the current and potential problems of each resource. 11
315	315	(E) Formulate plans and programs for the management of each resource, identifying 12
316	316	permitted uses, locations, protection measures, and so forth. 13
317	317	(F) Carry out these resources management programs through implementing authority and 14
318	318	coordination of state, federal, local, and private activities. 15
319	319	(G) Formulation of standards where these do not exist, and reevaluation of existing 16
320	320	standards. 17
321	321	(H) To develop comprehensive programs for dredging in tidal waters and related beneficial 18
322	322	use, disposal, monitoring dewatering and transportation of dredge materials. 19
323	323	(I) To accept and administer loans and grants from the federal government and from other 20
324	324	sources, public or private, for the carrying out of any of its functions, which loans or grants shall 21
325	325	not be expended for other than the purposes for which provided. 22
326	326	(J) To encourage, participate in, or conduct studies, investigations, research, and 23
327	327	demonstrations relating to dredging, disposal of dredge materials and transportation thereof in the 24
328	328	tidal waters of the state as the coastal resources management council department may deem 25
329	329	advisable and necessary for the discharge of its duties under this chapter. 26
330	330	(K) To collect and disseminate information relating to dredging, disposal of dredge 27
331	331	materials and transportation thereof within the tidal waters of the state. 28
332	332	(L) To work with the appropriate federal and state agencies to develop as provided for in 29
333	333	this chapter and in chapter 6.1 of this title, a comprehensive plan for dredging in tidal waters and 30
334	334	related beneficial use, disposal, monitoring dewatering and transportation of dredge materials. 31
335	335	(M) To apply for, accept and expend grants and bequests of funds, for the purpose of 32
336	336	carrying out the lawful responsibilities of the coastal resources management council department. 33
337	337	(iii) An initial series of resources management activities shall be initiated through this basic 34
338	338
339	339
340	340	LC001018 - Page 10 of 34
341	341	process, then each phase shall continuously be recycled and used to modify the council’s 1
342	342	department's resources management programs and keep them current. 2
343	343	(iv) Planning and management programs shall be formulated in terms of the characteristics 3
344	344	and needs of each resource or group of related resources. However, all plans and programs shall be 4
345	345	developed around basic standards and criteria, including: 5
346	346	(A) The need and demand for various activities and their impact upon ecological systems. 6
347	347	(B) The degree of compatibility of various activities. 7
348	348	(C) The capability of coastal resources to support various activities. 8
349	349	(D) Water quality standards set by the director of the department of environmental 9
350	350	management. 10
351	351	(E) Consideration of plans, studies, surveys, inventories, and so forth prepared by other 11
352	352	public and private sources. 12
353	353	(F) Consideration of contiguous land uses and transportation facilities. 13
354	354	(G) Whenever possible consistency with the state guide plan. 14
355	355	(v) The council department shall prepare, adopt, administer, and cause to be implemented, 15
356	356	including specifically through its powers of coordination as set forth in subdivision (3) of this 16
357	357	section, a marine resources development plan and such special area management plans as the 17
358	358	council department may determine to be appropriate or desirable as follows: 18
359	359	(A) Marine resources development plan. 19
360	360	(I) The purpose of the marine resources development plan shall be to provide an integrated 20
361	361	strategy for: (a) improving the health and functionality of Rhode Island’s marine ecosystem; (b) 21
362	362	providing for appropriate marine-related economic development; and (c) promoting the use and 22
363	363	enjoyment of Rhode Island’s marine resources by the people of the state. 23
364	364	(II) The marine resources development plan shall include specific goals and objectives 24
365	365	necessary to accomplish its purposes, performance measures to determine progress toward 25
366	366	achieving such goals and objectives, and an implementation program. 26
367	367	(III) The marine resources development plan shall be prepared in cooperation with the 27
368	368	department of environmental management, the statewide planning program, and the commerce 28
369	369	corporation, with the involvement of such other state agencies as may be appropriate, and with such 29
370	370	technical support as may be necessary and appropriate from the Narragansett Bay Estuary Program, 30
371	371	the Coastal Institute at the University of Rhode Island, and Rhode Island Sea Grant. 31
372	372	(IV) The plan shall be responsive to the requirements and principles of the federal coastal 32
373	373	zone management act as amended, including, but not limited to, the expectations of the act for 33
374	374	incorporating the federal Clean Water Act into coastal zone management programs. 34
375	375
376	376
377	377	LC001018 - Page 11 of 34
378	378	(V) The marine resources development plan shall take into account local land use 1
379	379	management responsibilities as provided for under title 45 and harbor management responsibilities, 2
380	380	and the preparation of the plan shall include opportunities for involvement and/or comment by 3
381	381	cities and towns. 4
382	382	(VI) The marine resources development plan shall be adopted by the council department 5
383	383	in accordance with the provisions of this subsection by July 1, 2005, shall as appropriate incorporate 6
384	384	the recommendations of the Governor’s Narragansett Bay and Watershed Planning Commission, 7
385	385	and shall be made consistent with systems level plans as appropriate, in order to effectuate the 8
386	386	purposes of systems level planning. The council shall update the marine resources development 9
387	387	plan at least once every five (5) years. 10
388	388	(VII) The council department shall administer its programs, regulations, and 11
389	389	implementation activities in a manner consistent with the marine resources development plan. 12
390	390	(VIII) The marine resources development plan and any updates thereto shall be adopted as 13
391	391	appropriate as elements of the state guide plan pursuant to § 42-11-10. 14
392	392	(B) Special area management plans. 15
393	393	(I) The council department shall adopt such special area management plans as deemed 16
394	394	necessary and desirable to provide for the integration and coordination of the protection of natural 17
395	395	resources, the promotion of reasonable coastal-dependent economic growth, and the improved 18
396	396	protection of life and property in the specific areas designated council by the department as 19
397	397	requiring such integrated planning and coordination. 20
398	398	(II) The integrated planning and coordination herein specified shall include, but not be 21
399	399	limited to, federal agencies, state agencies, boards, commissions, and corporations, including 22
400	400	specifically the commerce corporation, and cities and towns, shall utilize to the extent appropriate 23
401	401	and feasible the capacities of entities of higher education, including Rhode Island Sea Grant, and 24
402	402	shall provide for the participation of advocacy groups, community-based organizations, and private 25
403	403	persons. 26
404	404	(III) The council department shall administer its programs, regulations, and 27
405	405	implementation activities in a manner consistent with special area management plans. 28
406	406	(IV) Special area management plans and any updates thereto shall be adopted as 29
407	407	appropriate as elements of the state guide plan pursuant to § 42-11-10. 30
408	408	(2) Implementation. (i) The council department is authorized to formulate policies and 31
409	409	plans and to adopt regulations necessary to implement its various management programs. With 32
410	410	respect to such policies and plans which relate to matters where the coastal resources management 33
411	411	council department and the department of environmental management have concurrent jurisdiction 34
412	412
413	413
414	414	LC001018 - Page 12 of 34
415	415	and upon formulation of the plans and regulations, the council department shall, prior to adoption, 1
416	416	submit the proposed plans or regulations to the director of the department of environmental 2
417	417	management for the director’s their review. The director of the department of environmental 3
418	418	management shall review and submit comments to the council department within thirty (30) days 4
419	419	of submission to the director of the department of environmental management by the council 5
420	420	department. The comments of the director of the department of environmental management shall 6
421	421	include findings with regard to the consistency of the policies, plans and/or regulations with the 7
422	422	requirements of laws administered by the department of environmental management. The council 8
423	423	director shall consider the director’s director of the department of environmental management's 9
424	424	comments prior to adoption of any such policies, plans or regulations and shall respond in writing 10
425	425	to findings of the director of the department of environmental management with regard to the 11
426	426	consistency of said policies, plans and/or regulations with the requirements of laws administered 12
427	427	by the department of environmental management. 13
428	428	(ii)(A) The council department shall have exclusive jurisdiction below mean high water for 14
429	429	all development, operations, and dredging, consistent with the requirements of chapter 6.1 of this 15
430	430	title and except as necessary for the department of environmental management to exercise its 16
431	431	powers and duties and to fulfill its responsibilities pursuant to §§ 42-17.1-2 and 42-17.1-24, and 17
432	432	any person, firm, or governmental agency proposing any development or operation within, above, 18
433	433	or beneath the tidal water below the mean high water mark, extending out to the extent of the state’s 19
434	434	jurisdiction in the territorial sea, shall be required to demonstrate that its proposal would not: 20
435	435	(I) Conflict with any resources management plan or program; 21
436	436	(II) Make any area unsuitable for any uses or activities to which it is allocated by a 22
437	437	resources management plan or program adopted by the council department; or 23
438	438	(III) Significantly damage the environment of the coastal region. 24
439	439	(B) The council department shall be authorized to approve, modify, set conditions for, or 25
440	440	reject any such proposal. 26
441	441	(iii) The authority of the council department over land areas (those areas above the mean 27
442	442	high water mark) shall be limited to two hundred feet (200′) from the coastal physiographic feature 28
443	443	or to that necessary to carry out effective resources management programs. This shall be limited to 29
444	444	the authority to approve, modify, set conditions for, or reject the design, location, construction, 30
445	445	alteration, and operation of specified activities or land uses when these are related to a water area 31
446	446	under the agency’s jurisdiction, regardless of their actual location. The council’s department's 32
447	447	authority over these land uses and activities shall be limited to situations in which there is a 33
448	448	reasonable probability of conflict with a plan or program for resources management or damage to 34
449	449
450	450
451	451	LC001018 - Page 13 of 34
452	452	the coastal environment. These uses and activities are: 1
453	453	(A) Power generating over forty (40) megawatts and desalination plants. 2
454	454	(B) Chemical or petroleum processing, transfer, or storage. 3
455	455	(C) Minerals extraction. 4
456	456	(D) Shoreline protection facilities and physiographical features, and all directly associated 5
457	457	contiguous areas which are necessary to preserve the integrity of the facility and/or features. 6
458	458	(E) Coastal wetlands and all directly associated contiguous areas which are necessary to 7
459	459	preserve the integrity of the wetlands including any freshwater wetlands located in the vicinity of 8
460	460	the coast. The actual determination of freshwater wetlands located in coastal vicinities and under 9
461	461	the jurisdiction of the coastal resources management council department shall be designated on 10
462	462	such maps that are agreed to in writing and made available for public use by the coastal resources 11
463	463	management council department and the director, department of environmental management, 12
464	464	within three (3) months of [August 6, 1996]. The CRMC department shall have exclusive 13
465	465	jurisdiction over the wetlands areas described in this section notwithstanding any provision of 14
466	466	chapter 1, title 2 or any other provision, except as provided in subsection (iv) of this section. Within 15
467	467	six (6) months of [August 6, 1996] the council The department in cooperation with the director 16
468	468	shall develop and maintain rules and regulations for the management and protection of freshwater 17
469	469	wetlands, affected by an aquaculture project, outside of those freshwater wetlands located in the 18
470	470	vicinity of the coast and under the exclusive jurisdiction of the director of the department of 19
471	471	environmental management. For the purpose of this chapter, a “coastal wetland” means any salt 20
472	472	marsh bordering on the tidal waters of this state, whether or not the tidal waters reach the littoral 21
473	473	areas through natural or artificial watercourses, and those uplands directly associated and 22
474	474	contiguous thereto which are necessary to preserve the integrity of that marsh. Marshes shall 23
475	475	include those areas upon which grow one or more of the following: smooth cordgrass (spartina 24
476	476	alterniflora), salt meadow grass (spartina patens), spike grass (distichlis spicata), black rush (juncus 25
477	477	gerardi), saltworts (salicornia spp.), sea lavender (limonium carolinianum), saltmarsh bulrushes 26
478	478	(scirpus spp.), hightide bush (iva frutescens), tall reed (phragmites communis), tall cordgrass 27
479	479	(spartina pectinata), broadleaf cattail (typha latifolia), narrowleaf cattail (typha angustifolia), spike 28
480	480	rush (eleocharis rostellata), chairmaker’s rush (scirpus amercana), creeping bentgrass (agrostis 29
481	481	palustris), sweet grass (hierochloe odorata), and wild rye (etlymus virginicus). 30
482	482	(F) Sewage treatment and disposal and solid waste disposal facilities. 31
483	483	(G) Beneficial use, dewatering, and disposal of dredged material of marine origins, where 32
484	484	such activities take place within two hundred feet (200′) of mean high water or a coastal 33
485	485	physiographic feature, or where there is a reasonable probability of conflict with a plan or program 34
486	486
487	487
488	488	LC001018 - Page 14 of 34
489	489	for resources management or damage to the coastal environment. 1
490	490	(iv) Notwithstanding the provisions of subsections (ii) and (iii) above, the department of 2
491	491	environmental management shall maintain jurisdiction over the administration of chapter 1, title 2, 3
492	492	including permitting of freshwater wetlands alterations and enforcement, with respect to all 4
493	493	agricultural activities undertaken by a farmer, as that term is defined in § 2-1-22(j), wherever 5
494	494	located; provided, however, that with respect to activities located partially or completely within 6
495	495	two hundred feet (200′) of the coastal physiographic feature, the department of environmental 7
496	496	management shall exercise jurisdiction in consultation with the council department. 8
497	497	(3) Coordination. The council department has the following coordinating powers and 9
498	498	duties: 10
499	499	(i) Functioning as a binding arbitrator in any matter of dispute involving both the resources 11
500	500	of the state’s coastal region and the interests of two (2) or more municipalities or state agencies. 12
501	501	(ii) Consulting and coordinating actions with local, state, regional, and federal agencies 13
502	502	and private interests. 14
503	503	(iii) Conducting or sponsoring coastal research. 15
504	504	(iv) Advising the governor, the general assembly, and the public on coastal matters. 16
505	505	(v) Serving as the lead state agency and initial and primary point of contact for dredging 17
506	506	activities in tidal waters and in that capacity, integrating and coordinating the plans and policies of 18
507	507	other state agencies as they pertain to dredging in order to develop comprehensive programs for 19
508	508	dredging as required by subparagraph (1)(ii)(H) of this section and chapter 6.1 of this title. The 20
509	509	Rhode Island resource recovery corporation prior to purchasing cover material for the state landfill 21
510	510	shall first contact the CRMC department to see if there is a source of suitable dredged material 22
511	511	available which shall be used in place of the purchase cover material. Other state agencies engaged 23
512	512	in the process of dump closures shall also contact the CRMC department to see if there is a source 24
513	513	of suitable dredged material available, which shall be used in place of the purchase cover material. 25
514	514	In addition, cities and towns may contact the CRMC department prior to closing city or town 26
515	515	controlled dump sites to see if there is a source of suitable dredge material available, which may be 27
516	516	used in place of the purchase cover material. 28
517	517	(vi) Acting as the state’s representative to all bodies public and private on all coastal and 29
518	518	aquaculture related matters. 30
519	519	(4) Operations. The council department is authorized to exercise the following operating 31
520	520	functions, which are essential to management of coastal resources: 32
521	521	(i) Issue, modify, or deny permits for any work in, above, or beneath the areas under its 33
522	522	jurisdiction, including conduct of any form of aquaculture. 34
523	523
524	524
525	525	LC001018 - Page 15 of 34
526	526	(ii) Issue, modify, or deny permits for dredging, filling, or any other physical alteration of 1
527	527	coastal wetlands and all directly related contiguous areas which are necessary to preserve the 2
528	528	integrity of the wetlands, including, but not limited to, the transportation and disposal of dredge 3
529	529	materials in the tidal waters. 4
530	530	(iii) Grant licenses, permits, and easements for the use of coastal resources which are held 5
531	531	in trust by the state for all its citizens, and impose fees for private use of these resources. 6
532	532	(iv) Determining the need for and establishing pierhead, bulkhead, and harbor lines. 7
533	533	(v) Enforcing and implementing riparian rights in the tidal waters after judicial decisions. 8
534	534	(vi) The council department may require an owner or operator of a commercial wharf or 9
535	535	pier of a marine commercial facility, as defined in 300.3 of the Rhode Island coastal resources 10
536	536	management program, but not including those facilities defined in 300.4 of the Rhode Island coastal 11
537	537	resources management program, and which is capable of offloading cargo, and is or will be subject 12
538	538	to a new use or a significant intensification of an existing use, to demonstrate that the commercial 13
539	539	wharf or pier is fit for that purpose. For the purposes of this subsection, a “commercial wharf or 14
540	540	pier” means a pier, bulkhead, wharf, docking facility, or underwater utilities. The council 15
541	541	department may order said owner or operator to provide an engineering certification to the council’s 16
542	542	department's satisfaction that the commercial wharf or pier is fit for the new use or intensification 17
543	543	of an existing use. If the council department determines that the commercial wharf or pier is not fit, 18
544	544	it may order the owner or operator to undertake the necessary work to make the commercial wharf 19
545	545	or pier safe, within a reasonable time frame. If the council department determines that the 20
546	546	commercial wharf or pier, because of its condition, is an immediate threat to public health and 21
547	547	safety it may order the commercial wharf or pier closed until the necessary work to make the 22
548	548	commercial wharf or pier safe has been performed and approved by the council department. All 23
549	549	work performed must conform to the council’s department's management program. The council 24
550	550	department is also given the authority to develop regulations to carry out this provision and to 25
551	551	impose administrative penalties of five thousand dollars ($5,000) per day up to a maximum of 26
552	552	twenty thousand dollars ($20,000) consistent with § 46-23-7.1 where there has been a violation of 27
553	553	the orders under this provision. 28
554	554	(5) Rights-of-way.(i) The council department is responsible for the designation of all public 29
555	555	rights-of-way to the tidal water areas of the state, and shall carry on a continuing discovery of 30
556	556	appropriate public rights-of-way to the tidal water areas of the state. 31
557	557	(ii) The council department shall maintain a complete file of all official documents relating 32
558	558	to the legal status of all public rights-of-way to the tidal water areas of the state. 33
559	559	(iii)(A) The council department has the power to designate for acquisition and 34
560	560
561	561
562	562	LC001018 - Page 16 of 34
563	563	development, and posting, and all other functions of any other department for tidal rights-of-way 1
564	564	and land for tidal rights-of-way, parking facilities, and other council related purposes. 2
565	565	(B) Further, the council department has the power to develop and prescribe a standard sign 3
566	566	to be used by the cities and towns to mark designated rights-of-way. 4
567	567	(iv) In conjunction with this subdivision, every state department controlling state-owned 5
568	568	land close to or adjacent to discovered rights-of-way is authorized to set out the land, or so much 6
569	569	of the land that may be deemed necessary for public parking. 7
570	570	(v) No use of land for public parking shall conflict with existing or intended use of the land, 8
571	571	and no improvement shall be undertaken by any state agency until detailed plans have been 9
572	572	submitted to and approved by the governing body of the local municipality. 10
573	573	(vi) In designating rights-of-way, the council department shall consider the following 11
574	574	matters in making its designation: 12
575	575	(A) Land evidence records; 13
576	576	(B) The exercise of domain over the parcel such as maintenance, construction, or upkeep; 14
577	577	(C) The payment of taxes; 15
578	578	(D) The creation of a dedication; 16
579	579	(E) Public use; 17
580	580	(F) Any other public record or historical evidence such as maps and street indexes; 18
581	581	(G) Other evidence as set out in § 42-35-10. 19
582	582	(vii) A determination by the council department that a parcel is a right-of-way shall be 20
583	583	decided by substantial evidence. 21
584	584	(viii) The council department shall be notified whenever by the judgment of the governing 22
585	585	body of a coastal municipality, a public right-of-way to tidal water areas located in such 23
586	586	municipality has ceased to be useful to the public, and such governing body proposes an order of 24
587	587	abandonment of such public right-of-way. Said notice shall be given not less than sixty (60) days 25
588	588	prior to the date of such abandonment. 26
589	589	(6) Pre-existing residential boating facilities.(i) The council department is hereby 27
590	590	authorized and empowered to issue assent for pre-existing residential boating facilities constructed 28
591	591	prior to January 1, 1985. These assents may be issued for pre-existing residential boating facilities, 29
592	592	even though such facilities do not meet current standards and policies of the council department; 30
593	593	provided, however, that the council department finds that such facilities do not pose any significant 31
594	594	risk to the coastal resources of the state of Rhode Island and do not endanger human safety. 32
595	595	(ii) In addition to the above criteria, the applicant shall provide clear and convincing 33
596	596	evidence that: 34
597	597
598	598
599	599	LC001018 - Page 17 of 34
600	600	(A) The facility existed in substantially the same configuration as it now exists prior to 1
601	601	January 1, 1985; 2
602	602	(B) The facility is presently intact and functional; and 3
603	603	(C) The facility presents no significant threat to the coastal resources of the state of Rhode 4
604	604	Island or human safety. 5
605	605	(iii) The applicant, to be eligible for this provision, shall apply no later than January 31, 6
606	606	1999. 7
607	607	(iv) The council department is directed to develop rules and regulations necessary to 8
608	608	implement this subdivision. 9
609	609	(v) It is the specific intent of this subsection to require that all pre-existing residential 10
610	610	boating facilities constructed on January 1, 1985, or thereafter conform to this chapter and the plans, 11
611	611	rules and regulations of the council department. 12
612	612	(7) Lease of filled lands which were formerly tidal lands to riparian or littoral owners.(i) 13
613	613	Any littoral or riparian owner in this state who desires to obtain a lease from the state of Rhode 14
614	614	Island of any filled lands adjacent to his or her upland shall apply to the council department, which 15
615	615	may make the lease. Any littoral or riparian owner who wishes to obtain a lease of filled lands must 16
616	616	obtain pre-approval, in the form of an assent, from the council department. Any lease granted by 17
617	617	the council department shall continue the public’s interest in the filled lands including, but not 18
618	618	limited to, the rights of navigation, fishery, and commerce. The public trust in the lands shall 19
619	619	continue and run concurrently with the leasing of the lands by the state to private individuals, 20
620	620	corporations, or municipalities. Upon the granting of a lease by the council department, those rights 21
621	621	consistent with the public trust and secured by the lease shall vest in the lessee. The council may 22
622	622	approve a lease of filled lands for an initial term of up to fifty (50) years, with, or without, a single 23
623	623	option to renew for an additional term of up to fifty (50) years. 24
624	624	(ii) The lessor of the lease, at any time, for cause, may by express act cancel and annul any 25
625	625	lease previously made to the riparian owner when it determines that the use of the lands is violating 26
626	626	the terms of the lease or is inconsistent with the public trust, and upon cancellation the lands, and 27
627	627	rights in the land so leased, shall revert to the state. 28
628	628	(8) “Marinas” as defined in the coastal resources management program in effect as of June 29
629	629	1, 1997, are deemed to be one of the uses consistent with the public trust. Subdivision (7) is not 30
630	630	applicable to: 31
631	631	(i) Any riparian owner on tidal waters in this state (and any successor in interest to the 32
632	632	owner) which has an assent issued by the council department to use any land under water in front 33
633	633	of his or her lands as a marina, which assent was in effect on June 1, 1997; 34
634	634
635	635
636	636	LC001018 - Page 18 of 34
637	637	(ii) Any alteration, expansion, or other activity at a marina (and any successor in interest) 1
638	638	which has an assent issued by the council, which assent was in effect on June 1, 1997; and 2
639	639	(iii) Any renewal of assent to a marina (or successor in interest), which assent was issued 3
640	640	by the council and in effect on June 1, 1997. 4
641	641	(9) “Recreational boating facilities” including marinas, launching ramps, and recreational 5
642	642	mooring areas, as defined by and properly permitted by the council department, are deemed to be 6
643	643	one of the uses consistent with the public trust. Subdivision (7) is not applicable to: 7
644	644	(i) Any riparian owner on tidal waters in this state (and any successor in interest to the 8
645	645	owner) which has an assent issued by the council to use any land under water in front of his or her 9
646	646	lands as a recreational boating facility; any alteration, expansion or other activity at a recreational 10
647	647	boating facility (and any successor in interest) which has an assent issued by the council, which 11
648	648	assent was in effect as of June 1, 1997; and 12
649	649	(ii) Any renewal of assent to a recreational boating facility (or successor in interest), which 13
650	650	assent was issued by the council and in effect on June 1, 1997. 14
651	651	46-23-6.1. Newport “cliff walk” — Public right-of-way — Legal studies. 15
652	652	The council department is hereby directed to carry out any and all legal studies which it 16
653	653	shall deem necessary in order to designate the Newport “cliff walk”, so called, as a public right-of-17
654	654	way pursuant to § 46-23-6(5). 18
655	655	46-23-6.2. Abandonment of rights-of-way. 19
656	656	No city or town shall abandon a right-of-way designated as such by the council department 20
657	657	unless the council department approved the abandonment. 21
658	658	46-23-7. Violations. 22
659	659	(a)(1) In any instances wherein there is a violation of the coastal resources management 23
660	660	program, or a violation of regulations or decisions of the council department, the commissioner of 24
661	661	coastal resources management director shall have the power to order any person to cease and desist 25
662	662	or to remedy any violation of any provisions of this chapter, or any rule, regulation, assent, order, 26
663	663	or decision of the council department whenever the commissioner of coastal resources management 27
664	664	director shall have reasonable grounds to believe that such violation has occurred. 28
665	665	(2) Council Department staff, conservation officers within the department of 29
666	666	environmental management, and state and municipal police shall be empowered to issue written 30
667	667	cease and desist orders in any instance where activity is being conducted which constitutes a 31
668	668	violation of any provisions of this chapter, or any rule, regulation, assent, order, or decision of the 32
669	669	council department. 33
670	670	(3) Conservation officers within the department of environmental management, council 34
671	671
672	672
673	673	LC001018 - Page 19 of 34
674	674	department staff, and state and municipal police shall have authority to apply to a court of 1
675	675	competent jurisdiction for a warrant to enter on private land to investigate possible violations of 2
676	676	this chapter; provided, that they have reasonable grounds to believe that a violation has been 3
677	677	committed, is being committed, or is about to be committed. 4
678	678	(b) Any order or notice issued pursuant to subsection (a) shall be eligible for recordation 5
679	679	under chapter 13 of title 34, and shall be recorded in the land evidence records in the city/town 6
680	680	wherein the property subject to the order is located, and any subsequent transferee of the property 7
681	681	shall be responsible for complying with the requirements of the order and notice. 8
682	682	(c) The coastal resources management council department shall discharge of record any 9
683	683	notice filed pursuant to subsection (b) within thirty (30) days after the violation has been remedied. 10
684	684	46-23-7.1. Administrative penalties. 11
685	685	Any person who violates, or refuses or fails to obey, any notice or order issued pursuant to 12
686	686	§ 46-23-7(a); or any assent, order, or decision of the council department, may be assessed an 13
687	687	administrative penalty by the chairperson or executive director in accordance with the following: 14
688	688	(1) The chairperson or executive director is authorized to assess an administrative penalty 15
689	689	of not more than ten thousand dollars ($10,000) for each violation of this section, and is authorized 16
690	690	to assess additional penalties of not more than one thousand ($1,000) for each day during which 17
691	691	this violation continues after receipt of a cease-and-desist order from the council department 18
692	692	pursuant to § 46-23-7(a), but in no event shall the penalties in aggregate exceed fifty thousand 19
693	693	dollars ($50,000). Prior to the assessment of a penalty under this subdivision, the property owner 20
694	694	or person committing the violation shall be notified by certified mail or personal service that a 21
695	695	penalty is being assessed. The notice shall include a reference to the section of the law, rule, 22
696	696	regulation, assent, order, or permit condition violated; a concise statement of the facts alleged to 23
697	697	constitute the violation; a statement of the amount of the administrative penalty assessed; and a 24
698	698	statement of the party’s right to an administrative hearing. 25
699	699	(2) The party shall have twenty-one (21) days from receipt of the notice within which to 26
700	700	deliver to the council department a written request for a hearing. This request shall specify in detail 27
701	701	the statements contested by the party. The executive director shall designate a person to act as 28
702	702	hearing officer. If no hearing is requested, then after the expiration of the twenty-one (21) day 29
703	703	period, the council department shall issue a final order assessing the penalty specified in the notice. 30
704	704	The penalty is due when the final order is issued. If the party shall request a hearing, any additional 31
705	705	daily penalty shall not commence to accrue until the council department issues a final order. 32
706	706	(3) If a violation is found to have occurred, the council department may issue a final order 33
707	707	assessing not more than the amount of the penalty specified in the notice. The penalty is due when 34
708	708
709	709
710	710	LC001018 - Page 20 of 34
711	711	the final order is issued. 1
712	712	(4) The party may within thirty (30) days appeal the final order, of fine assessed by the 2
713	713	council department to the superior court which shall hear the assessment of the fine de novo. 3
714	714	46-23-7.2. Proceedings for enforcement. 4
715	715	The superior court shall have jurisdiction to enforce the provisions of this chapter, the 5
716	716	coastal resource management program, or any rule, regulation, assent, or order issued pursuant 6
717	717	thereto. Proceedings under this section may follow the course of equity, and shall be instituted and 7
718	718	prosecuted in the name of and at the direction of the chairperson and council director by the attorney 8
719	719	general or counsel designated by the council director. Proceedings provided in this section shall be 9
720	720	in addition to, and may be utilized in lieu of, other administrative or judicial proceedings authorized 10
721	721	by this chapter. 11
722	722	46-23-7.4. Penalty for blocking or posting of rights-of-way. 12
723	723	Any person who shall post or block any tidal water, public right-of-way, as designated by 13
724	724	the council department, shall be punished by a fine not exceeding one thousand dollars ($1,000) or 14
725	725	by imprisonment for not more than three (3) months or both; and each day the posting or blocking 15
726	726	continues or is repeated shall be deemed a separate offense. The chairperson of the council, through 16
727	727	council’s legal counsel director or the attorney general, may apply to any court of competent 17
728	728	jurisdiction for an injunction to prevent the unlawful posting or blocking of any tidal water, public 18
729	729	right-of-way. 19
730	730	46-23-7.5. Prosecution of criminal violations. 20
731	731	The chairperson and anyone designated by the chairperson director, without being required 21
732	732	to enter into any recognizance or to give surety for cost, may institute proceedings in the name of 22
733	733	the state. It shall be the duty of the attorney general and/or the solicitor of the city or town in which 23
734	734	the alleged violation has occurred to conduct the prosecution of all the proceedings. The 24
735	735	chairperson director may delegate his or her authority to bring prosecution by complaint and 25
736	736	warrant to any law enforcement officials authorized by law to bring complaints for the issuance of 26
737	737	search or arrest warrants pursuant to chapters 5 and 6 of title 12. 27
738	738	46-23-8. Gifts, grants, and donations. 28
739	739	The council department is authorized to receive any gifts, grants, or donations made for 29
740	740	any of the purposes of its program, which shall be deposited as general revenues, and to disburse 30
741	741	and administer the gifts, grants, or donations amounts appropriated in accordance with the terms 31
742	742	thereof. The council department is authorized to receive any sums provided by an applicant for use 32
743	743	by the council department in its hearing process, which shall be deposited as general revenues, and 33
744	744	to disburse and administer the general revenue amounts appropriated in accordance with the rules 34
745	745
746	746
747	747	LC001018 - Page 21 of 34
748	748	and regulations promulgated by the council department. 1
749	749	46-23-9. Subpoena. 2
750	750	The council department is hereby authorized and empowered to summon witnesses and 3
751	751	issue subpoenas in substantially the following form: 4
752	752	Sc. 5
753	753	To _______________________ of __________________________ greeting: 6
754	754	You are hereby required, in the name of the state of Rhode Island, to make your appearance 7
755	755	before the commission on _______________________ department of coastal resources in the 8
756	756	________________________ city of _____________________ on the ____________________ 9
757	757	day of ___________________ to give evidence of what you know relative to a matter upon 10
758	758	investigation by the commission on ______________________________ department of coastal 11
759	759	resources and produce and then and there have and give the following: 12
760	760	Hereof fail not, as you will answer to default under the penalty of the law in that behalf 13
761	761	made and provided. 14
762	762	Dated at ________________ the ________________ day of ________________ in the 15
763	763	year _____________ 16
764	764	46-23-10. Cooperation of departments. 17
765	765	All other departments and agencies and bodies of state government are hereby authorized 18
766	766	and directed to cooperate with and furnish such information as the council department shall require. 19
767	767	46-23-11. Rules and regulations. 20
768	768	The rules and regulations promulgated by the council department shall be subject to the 21
769	769	Administrative Procedures Act ("chapter 35 of title 42"). 22
770	770	46-23-13. Application and hearing fees. 23
771	771	The council department shall be authorized to establish reasonable fees for applications 24
772	772	and hearings. All fees collected by the council department, including fees collected for leases, shall 25
773	773	be deposited as general revenues. The state controller is hereby authorized and directed to draw his 26
774	774	or her orders upon the general treasurer for payment of such sum or sums as may be necessary from 27
775	775	time to time and upon receipt by him or her of duly authenticated vouchers presented by the 28
776	776	commissioner of coastal resources management director. 29
777	777	46-23-14. Expert testimony. 30
778	778	The council department shall be authorized to engage its own expert and outside 31
779	779	consultants, and the council department shall be empowered to use that testimony in making its 32
780	780	decisions. 33
781	781	46-23-15. Federal grants and interstate cooperation. 34
782	782
783	783
784	784	LC001018 - Page 22 of 34
785	785	The council department is authorized to accept any federal grants. It is further given the 1
786	786	power to administer land and water use regulations as necessary to fulfill their responsibilities under 2
787	787	the Federal Coastal Zone Management Act, 16 U.S.C. § 1451 et seq., and to acquire fee simple and 3
788	788	less than fee simple interests under any federal or state program. The council department is 4
789	789	authorized to coordinate and cooperate with other states in furtherance of its purposes. The council 5
790	790	department may expend those grants and appropriations. The coastal resources management 6
791	791	council department for the purposes of the federal Coastal Zone Management Act, 16 U.S.C. § 7
792	792	1451 et seq., is the coastal zone agency under §§ 301 through 313 and §§ 318 and 6217 of said act. 8
793	793	46-23-15.1. Coordination of harbor safety and enforcement patrols. 9
794	794	Coastal municipalities which share a common boundary along their public waters may 10
795	795	enter into a binding memorandum of agreement allowing for harbormasters and other officials 11
796	796	charged with enforcement of harbor management plan harbor ordinances from one coastal 12
797	797	municipality to enforce the harbor ordinances of the bordering coastal municipality upon the public 13
798	798	waters of the bordering coastal municipality when the coastal municipalities have harbor 14
799	799	management plans approved by the coastal resources management council department and the 15
800	800	memorandum of agreement is approved by the respective town or city councils. This binding 16
801	801	memorandum of agreement shall specify how each coastal municipality is to receive any fines 17
802	802	collected under this reciprocal enforcement agreement and the jurisdiction in which any disputes 18
803	803	arising out of this reciprocal enforcement agreement shall be litigated. 19
804	804	46-23-16. Length of permits, licenses, and easements. 20
805	805	The council department is authorized to grant permits, licenses, and easements for any term 21
806	806	of years or in perpetuity. Permits, licenses, or easements which are issued by the council department 22
807	807	for the filling of the submerged or submersible lands of the state of Rhode Island remain subject to 23
808	808	the public trust, and no title is conveyed by such documents. All such permits, licenses, and 24
809	809	easements shall clearly state that no title is being conveyed. Permits, licenses or easements issued 25
810	810	by the council department are valid only with the conditions and stipulation under which they are 26
811	811	granted and imply no guarantee of renewal. The initial application or an application for renewal 27
812	812	may be subject to denial or modification. If an application is granted, said permit, license and 28
813	813	easement may be subject to revocation and/or modification for failure to comply with the conditions 29
814	814	and stipulations under which the same was issued or for other good cause. The division of coastal 30
815	815	resources of the department of environmental management shall transfer all of the records and files 31
816	816	of the former division of harbours and rivers to the council department. 32
817	817	46-23-18. Prohibited activities. 33
818	818	(a) No person, either as principal, agent or servant nor any firm, corporation, or any other 34
819	819
820	820
821	821	LC001018 - Page 23 of 34
822	822	entity shall, without a permit issued by the coastal resources management council department, 1
823	823	construct a marina within two thousand feet (2000′) of a shellfish management area as defined by 2
824	824	rules and regulations of the department of environmental management. Such permit shall include 3
825	825	any permit required under subsection (b). 4
826	826	(b) No person, either as principal, agent, or servant, or any firm, corporation or any other 5
827	827	entity, shall, within the tidal waters of the state, conduct or cause to conduct dredging, 6
828	828	transportation and/or disposal of dredge materials without a permit issued by the coastal resources 7
829	829	management council department, a water quality certification issued by the department of 8
830	830	environmental management pursuant to chapter 12 of this title and any permit required by the army 9
831	831	corps of engineers. In addition, no person, either as principal, agent, or servant, nor any firm, 10
832	832	corporation or any other entity, shall dispose of dredge materials other than in tidal waters without 11
833	833	any permit, approval or certification that may otherwise be required. 12
834	834	46-23-18.1. Permitting. 13
835	835	(a) Any person, either as principal, agent, or servant, or any firm, corporation or any other 14
836	836	entity desiring to conduct any activity or activities specified in § 46-23-18 shall file an application 15
837	837	for a permit with the coastal resources management council department upon forms furnished by 16
838	838	coastal resources management council the department. 17
839	839	(b) A hearing shall be held on the application within thirty (30) days of filing. 18
840	840	(c) The applicant shall bear the burden of proving that the activity or activities specified in 19
841	841	the application will cause no significant adverse impact upon the environment or natural resources 20
842	842	of the state, and the coastal resources management council department shall be empowered to deny 21
843	843	the application if the applicant does not demonstrate, in addition to other requirements of this 22
844	844	chapter, that the activity or activities will not: 23
845	845	(i) Significantly adversely affect any shellfish management area as designated by the 24
846	846	department of environmental management or the marine fisheries council; 25
847	847	(ii) Be in a significant conflict with the marine ecology within or adjacent to the state’s 26
848	848	territorial waters; or 27
849	849	(iii) Significantly harm or destroy existing fishing grounds. 28
850	850	(d) With respect to an application seeking a permit from the coastal resources management 29
851	851	council department to conduct or cause to conduct dredging, transportation and/or disposal of 30
852	852	dredge material, the applicant shall also satisfy the council department that the proposal in the 31
853	853	application is consistent with a comprehensive program developed pursuant to § 46-23-6(1)(ii)(H). 32
854	854	(e) In determining whether an applicant has met the burden of proof under subsection (c), 33
855	855	the coastal resources management council department shall apply standards that conform with the 34
856	856
857	857
858	858	LC001018 - Page 24 of 34
859	859	federal Environmental Protection Agency’s applicable standards and guidelines for the 1
860	860	management of dredge materials, including, but not limited to, the federal Environmental 2
861	861	Protection Agency’s rules, regulations and guidelines for deviating from said standards. 3
862	862	(f) The applicant shall, at least three (3) days before commencing any dredging, give 4
863	863	written notice to the coastal resources management council department of the intent to commence 5
864	864	the activities specified in the permit. 6
865	865	46-23-18.2. Rules and regulations. 7
866	866	The council, upon recommendation by the coastal resources advisory committee, 8
867	867	department shall issue and maintain reasonable rules and regulations governing the dredging, 9
868	868	transporting and disposal of all dredge materials in accordance with this chapter. 10
869	869	46-23-18.3. Sites for disposal of spoil from dredge operations, selection. 11
870	870	(a) The council department, upon recommendation of the coastal resources community 12
871	871	advisory committee, on or before the first day of January, 1999 and periodically thereafter as 13
872	872	necessary, shall and consistent with the comprehensive programs required in § 46-23-6(1)(ii)(H), 14
873	873	shall identify and establish one or more in-water disposal sites to be used for the purpose of disposal 15
874	874	of dredge materials from marinas and yacht clubs. 16
875	875	(b) The council department, upon recommendation of the coastal resources advisory 17
876	876	committee, on or before the first day of January, 2002 and periodically thereafter as necessary, shall 18
877	877	consistent with the comprehensive programs required in § 46-23-6(1)(ii)(H) identify and establish 19
878	878	one or more in-water disposal sites to be used for the purpose of disposal of dredge materials from 20
879	879	all sources not otherwise delineated in (a) above. 21
880	880	46-23-18.4. Enforcement. 22
881	881	The provisions of §§ 46-23-18 through 46-23-18.3 this chapter shall be enforced by the 23
882	882	coastal resources management council department. Nothing herein shall be deemed to abrogate the 24
883	883	department of environmental management’s authority to enforce its water quality standards adopted 25
884	884	pursuant to § 46-12-3(7) or (24). 26
885	885	46-23-18.5. Fees for disposal. 27
886	886	The council department is authorized to impose a fee of not less than eleven dollars and 28
887	887	sixty-five cents ($11.65) per cubic yard for the disposal of dredge materials at the sites established 29
888	888	by the council department pursuant to § 46-23-18.3, with eleven dollars and sixty-five cents 30
889	889	($11.65) being deposited into the general fund. The amount of the fee established by the council 31
890	890	department pursuant to the section shall be reviewed by the council department on an annual basis 32
891	891	and revised as the council department deems necessary, but in no event shall the fee be set at an 33
892	892	amount less than eleven dollars and sixty-five cents ($11.65) per cubic yard of material. 34
893	893
894	894
895	895	LC001018 - Page 25 of 34
896	896	46-23-18.6. Coastal Resources Management Council Dredge Fund. 1
897	897	There is hereby created a separate fund to be held by the coastal resources management 2
898	898	council department to be known as the dredge fund. Any amount charged above the eleven dollars 3
899	899	and sixty-five cents ($11.65) must be deposited into the fund and shall not be deposited into the 4
900	900	general fund of the state, but shall be kept by the general treasurer of the state in a separate fund 5
901	901	for the coastal resources management council department, and shall be paid out by the treasurer 6
902	902	upon the order of the council director, without the necessity of appropriation or re-appropriation by 7
903	903	the general assembly. Funds must be used to create additional dredging and disposal options. 8
904	904	46-23-20. Administrative hearings. 9
905	905	All contested cases, all contested enforcement proceedings, and all contested 10
906	906	administrative fines shall be heard by the administrative hearing officers, or by subcommittees as 11
907	907	provided in § 46-23-20.1, pursuant to the regulations promulgated by the council department; 12
908	908	provided, however, that no proceeding and hearing prior to the appointment of the hearing officers 13
909	909	shall be subject to the provisions of this section. Notwithstanding the foregoing, the commissioner 14
910	910	of coastal resources management director shall be authorized, in his or her the director's discretion, 15
911	911	to resolve contested licensing and enforcement proceedings through informal disposition pursuant 16
912	912	to regulations promulgated by the council department. 17
913	913	46-23-20.1. Hearing officers — Appointment — Compensation — Subcommittee. 18
914	914	Hearing officers -- Appointment -- Compensation. 19
915	915	(a) The governor, with the advice and consent of the senate, shall appoint two (2) hearing 20
916	916	officers at least one hearing officer who shall be attorneys-at-law an attorney-at-law, who, prior to 21
917	917	their appointment, shall have practiced law for a period of not less than five (5) years for a term of 22
918	918	five (5) years; provided, however, if more than one hearing officer is to be appointed, that the initial 23
919	919	appointments shall be as follows: one hearing officer shall be appointed for a term of three (3) years 24
920	920	and one hearing officer , if additional hearing officers are appointed, they shall each be appointed 25
921	921	for a term of five (5) years. The appointees shall be addressed as hearing officers. 26
922	922	(b) The governor shall designate one of the hearing officers as chief hearing officer. The 27
923	923	hearing officers shall hear proceedings as provided by this section, and the council department, 28
924	924	with the assistance of the chief hearing officer, may shall promulgate such rules and regulations as 29
925	925	shall be necessary or desirable and consistent with the department of environmental management 30
926	926	administrative adjudication regulation to effect the purposes of this section. 31
927	927	(c) A hearing officer shall be devoted full time to these administrative duties, and shall not 32
928	928	otherwise practice law while holding office nor be a partner nor an associate of any person in the 33
929	929	practice of law. 34
930	930
931	931
932	932	LC001018 - Page 26 of 34
933	933	(d) Compensation for hearing officers shall be determined by the unclassified pay board. 1
934	934	(e) Whenever the chairperson of the coastal resources management council or, in the 2
935	935	absence of the chairperson, the commissioner of coastal resources makes a finding that the hearing 3
936	936	officers are otherwise engaged and unable to hear a matter in a timely fashion, he or she may 4
937	937	appoint a subcommittee which will act as hearing officers in any contested case coming before the 5
938	938	council. The subcommittee shall consist of at least one member; provided, however, that in all 6
939	939	contested cases an additional member shall be a resident of the coastal community affected. The 7
940	940	city or town council of each coastal community shall, at the beginning of its term of office, appoint 8
941	941	a resident of that city or town to serve as an alternate member of the aforesaid subcommittee should 9
942	942	there be no existing member of the coastal resources management council from that city or town 10
943	943	available to serve on the subcommittee. Any member of the subcommittee actively engaged in 11
944	944	hearing a case shall continue to hear the case, even though his or her term may have expired, until 12
945	945	the case is concluded and a vote taken thereon. Hearings before subcommittees shall be subject to 13
946	946	all rules of practice and procedure as govern hearings before hearing officers. Notwithstanding any 14
947	947	other law to the contrary, if a hearing officer is not appointed, confirmed and engaged within sixty 15
948	948	(60) days of the effective date of this section, or the position of hearing officer is vacant for more 16
949	949	than sixty (60) days, the director shall hire a hearing officer, who shall be in the unclassified service, 17
950	950	for a term of five (5) years and shall meet the requirements set forth in subsections (c) and (d) of 18
951	951	this section. 19
952	952	(f) If at least one hearing officer has been appointed, confirmed and engaged or hired by 20
953	953	the director and is unable to hear a matter in a timely manner as required by law, the director may 21
954	954	hire a hearing officer employed by the state in such capacity, who shall have practiced law for a 22
955	955	period of not less than five (5) years and meets the requirements set forth in subsection (c) of this 23
956	956	section to adjudicate pending contested cases. 24
957	957	46-23-20.2. Clerk. 25
958	958	The commissioner of coastal resources director or his or her designee shall serve as clerk 26
959	959	to the hearing officers. The clerk shall have general charge of the office, keep a full record of 27
960	960	proceedings, file and preserve all documents and papers, prepare such papers and notices as may 28
961	961	be required, and perform such other duties as required. The commissioner director shall have the 29
962	962	power to issue subpoenas for witnesses and documents and to administer oaths in all cases before 30
963	963	any hearing officer or pertaining to the duties of his or her office. 31
964	964	46-23-20.3. Prehearing procedure. 32
965	965	(a) Prior to the commencement of any hearing, the hearing officer may in his or her 33
966	966	discretion direct the parties or their attorneys to appear before him or her for such conferences as 34
967	967
968	968
969	969	LC001018 - Page 27 of 34
970	970	shall be necessary. At the conferences, the hearing officer may order any party to file, prior to the 1
971	971	commencement of any formal hearing, exhibits that the party intends to use in the hearing, and the 2
972	972	names and addresses of witnesses that the party intends to produce in its direct case, together with 3
973	973	a short statement of the testimony of each witness. Following entry of an order, a party shall not be 4
974	974	permitted, except in the discretion of the hearing officer, to introduce into evidence, in the party’s 5
975	975	direct case, exhibits which are not filed in accordance with the order. At the conference, the hearing 6
976	976	officer may designate a date before which he or she requires any party to specify what issues are 7
977	977	conceded, and further proof of conceded issues shall not be required. The hearing officer shall also 8
978	978	require the parties to simplify the issues, to consider admissions of fact and of documents which 9
979	979	will avoid unnecessary proof, and to limit the number of expert witnesses. The hearing officer shall 10
980	980	enter an order reciting the concessions and agreements made by the parties, and shall enter an order 11
981	981	on such other matters as are pertinent to the conduct of the hearing, and unless modified, the hearing 12
982	982	shall be conducted by the order. 13
983	983	(b) The hearing officer may also order the parties to file, prior to the commencement of 14
984	984	any hearing, the testimony of any or all of their respective witnesses, and to submit the testimony 15
985	985	to the hearing officer and the opposing party or the opposing counsel by such date as the hearing 16
986	986	officer shall determine. The witness shall testify under oath, and all of the testimony shall be in a 17
987	987	question and answer format. Save for good cause shown, said testimony shall be the direct 18
988	988	examination of the witness; provided, however, that the witness shall be available at the hearing 19
989	989	for cross-examination by the opposing party or opposing counsel. 20
990	990	(c) The council department, with the assistance of the chief hearing officer, shall 21
991	991	promulgate, by regulation, such other prehearing procedures and/or hearing procedures as deemed 22
992	992	necessary, including the use of portions of the superior court civil rules of discovery where such 23
993	993	are not inconsistent with the applicable provisions of the Administrative Procedures Act, chapter 24
994	994	35 of title 42. 25
995	995	46-23-20.4. Hearings — Orders. 26
996	996	(a) Subject to the provisions of this chapter, every hearing for the adjudication of a violation 27
997	997	or for a contested matter shall be held before a hearing officer or a subcommittee. The If more than 28
998	998	one hearing officer is appointed, the chief hearing officer shall assign a hearing officer to each 29
999	999	matter not assigned to a subcommittee. After due consideration of the evidence and arguments, the 30
1000	1000	hearing officer shall make written proposed findings of fact and proposed conclusions of law which 31
1001	1001	shall be made public when submitted to the council department for review. The council director 32
1002	1002	may, in its their discretion, adopt, modify, or reject the findings of fact and/or conclusions of law; 33
1003	1003	provided, however, that any modification or rejection of the proposed findings of fact or 34
1004	1004
1005	1005
1006	1006	LC001018 - Page 28 of 34
1007	1007	conclusions of law shall be in writing and shall state the rationales therefor. 1
1008	1008	(b) The director of the department of environmental management and the coastal resources 2
1009	1009	management council director shall promulgate such rules and regulations, not inconsistent with 3
1010	1010	law, as to assure uniformity of proceedings as applicable. 4
1011	1011	46-23-20.5. Ex parte consultations. 5
1012	1012	Council members The department shall have no communication directly or indirectly, with 6
1013	1013	a hearing officer relating to any issue of fact or of law on any matter then pending before the hearing 7
1014	1014	officer. 8
1015	1015	46-23-20.6. Oaths — Subpoenas — Powers of hearing officers. 9
1016	1016	The hearing officers are hereby severally authorized and empowered to administer oaths, 10
1017	1017	and the hearing officers, in all cases of every nature pending before them, are hereby authorized 11
1018	1018	and empowered to summon and examine witnesses and to compel the production and examination 12
1019	1019	of papers, books, accounts, documents, records, certificates and other legal evidence that may be 13
1020	1020	necessary or proper for the determination and decision of any question before or the discharge of 14
1021	1021	any duty required by law of the hearing officer. All subpoenas and subpoena duces tecum shall be 15
1022	1022	signed by a hearing officer or the commissioner of coastal resources director, and shall be served 16
1023	1023	as subpoenas are served in civil cases in the superior court; and witnesses so subpoenaed shall be 17
1024	1024	entitled to the same fees for attendance and travel as are provided for witnesses in civil cases in the 18
1025	1025	superior court. In cases of contumacy or refusal to obey the command of the subpoena so issued, 19
1026	1026	the superior court shall have jurisdiction upon application of the council department with proof by 20
1027	1027	affidavit of the fact, to issue a rule or order returnable, in not less than two (2) nor more than five 21
1028	1028	(5) days, directing the person to show cause why he or she should not be adjudged in contempt. 22
1029	1029	Upon return of such order, the justice, before whom the matter is brought for hearing, shall examine 23
1030	1030	under oath the person, and the person shall be given an opportunity to be heard, and if the justice 24
1031	1031	shall determine that the person has refused without reasonable cause or legal excuse to be examined 25
1032	1032	or to answer legal or pertinent questions, he or she may impose a fine upon the offender or forthwith 26
1033	1033	commit the offender to the adult correctional institutions, there to remain until he or she submits to 27
1034	1034	do the act which he or she was so required to do, or is discharged according to law. 28
1035	1035	46-23-21. Notice of permit — Recordation. 29
1036	1036	A notice of permit shall be eligible for recordation under chapter 13 of title 34 as 30
1037	1037	determined by the executive director, and shall be recorded at the expense of the applicant in the 31
1038	1038	land evidence records of the city or town where the property subject to permit is located, and any 32
1039	1039	subsequent transferee of the property shall be responsible for complying with the terms and 33
1040	1040	conditions of the permit. The clerk of the various cities and towns shall record any orders, findings, 34
1041	1041
1042	1042
1043	1043	LC001018 - Page 29 of 34
1044	1044	or decisions of the council department at no expense to the council department. 1
1045	1045	46-23-22. Solid waste disposal licenses — Hearings. 2
1046	1046	The chairperson of the coastal resources management council director and the 3
1047	1047	commissioner of the environmental protection branch director of the department of environmental 4
1048	1048	management shall coordinate concurrent hearings on solid waste disposal license applications; 5
1049	1049	provided, however, that the chairperson director and the commissioner of the environmental 6
1050	1050	protection branch director of the department of environmental management may designate a 7
1051	1051	hearing officer or subcommittee to hear all matters pertaining to the application and; provided 8
1052	1052	further, that the hearing officer may be from the department of environmental management, the 9
1053	1053	coastal resources management council hearing officer, a subcommittee department, or an ad hoc 10
1054	1054	hearing officer. The commissioner of coastal resources management with the approval of the 11
1055	1055	chairperson director may waive jurisdiction in those instances where the commissioner director 12
1056	1056	finds that there is no substantive coastal resources issue or that another agency or branch has 13
1057	1057	adjudicated or addressed the issue. 14
1058	1058	46-23-23. Municipal comprehension plan consideration. 15
1059	1059	The coastal resources management council department shall conform to the requirements 16
1060	1060	of the Comprehensive Planning and Land Use Regulation Act, § 45-22.2. 17
1061	1061	46-23-24. Lien on property. 18
1062	1062	The executive director may record the notice of fee or final order of fine as a lien on the 19
1063	1063	subject property in the land evidence records of the town or city in which said property is located. 20
1064	1064	Recordation of said fee or final order of fine shall be the only manner by which said lien may be 21
1065	1065	perfected against the subject property. 22
1066	1066	46-23-25. Issuance of beach vehicle registration permits. 23
1067	1067	(a) The coastal resources management council department may issue beach vehicle 24
1068	1068	registration permits in accordance with § 31-8-1.1 of the general laws and adopt regulations that 25
1069	1069	the council department deems necessary to carry out the provisions of this section. The council 26
1070	1070	department may appoint responsible citizens or corporations of the state, engaged in operating 27
1071	1071	sporting goods stores to act as agents with authority to issue permits in the manner and under the 28
1072	1072	conditions as set forth below. Before an appointment shall occur, that citizen or corporation of the 29
1073	1073	state shall deliver to the council department a bond with a surety company authorized to do business 30
1074	1074	in the state of Rhode Island. The requirements and conditions of the bond shall be established by 31
1075	1075	the regulations. 32
1076	1076	(b) Any person or corporation appointed by the council department as provided in section 33
1077	1077	(a) above shall, upon the application of any person entitled to receive a permit under this chapter 34
1078	1078
1079	1079
1080	1080	LC001018 - Page 30 of 34
1081	1081	and upon payment of the specified permit fee, register and issue to the person a beach vehicle 1
1082	1082	registration permit in the form prescribed and furnished by the council department. The permit shall 2
1083	1083	bear the name, place of residence, and signature of the registrant, and the vehicle make, model, 3
1084	1084	year, and license plate number and shall authorize the registrant to own and operate a beach vehicle 4
1085	1085	in the state of Rhode Island during those seasons and in those manners and according to those 5
1086	1086	conditions as shall be provided by regulations established by the council department. 6
1087	1087	46-23-26. The public’s rights and privileges of the shore. 7
1088	1088	(a) The public’s rights and privileges of the shore are established by Article I, Sections 16 8
1089	1089	and 17 of the Rhode Island Constitution. 9
1090	1090	(b) For purposes of this chapter, the “recognizable high tide line” means a line or mark left 10
1091	1091	upon tidal flats, beaches, or along shore objects that indicates the intersection of the land with the 11
1092	1092	water’s surface level at the maximum height reached by a rising tide. The recognizable high tide 12
1093	1093	line may be determined by a line of seaweed, oil or scum along shore objects, a more or less 13
1094	1094	continuous deposit of fine shell or debris on the foreshore or berm, other physical markings or 14
1095	1095	characteristics, or other suitable means that delineate the general height reached by the water’s 15
1096	1096	surface level at a rising tide. If there is more than one line of seaweed, oil, scum, fine shell, or 16
1097	1097	debris, then the recognizable high tide line means the most seaward line. In the absence of residue 17
1098	1098	seaweed or other evidence, the recognizable high tide line means the wet line on a sandy or rocky 18
1099	1099	beach. The line encompasses the water’s surface level at spring high tides and other high tides that 19
1100	1100	occur with periodic frequency, but does not include the water’s surface level at storm surges in 20
1101	1101	which there is a departure from the normal or predicted reach of the water’s surface level due to 21
1102	1102	the piling up of water against a coast by strong winds, such as those accompanying a hurricane or 22
1103	1103	other intense storms. 23
1104	1104	(c) Notwithstanding any provision of the general laws to the contrary, the public’s rights 24
1105	1105	and privileges of the shore may be exercised, where shore exists, on wet sand or dry sand or rocky 25
1106	1106	beach, up to ten feet (10′) landward of the recognizable high tide line; provided, however, that the 26
1107	1107	public’s rights and privileges of the shore shall not be afforded where no passable shore exists, nor 27
1108	1108	on land above the vegetation line, or on lawns, rocky cliffs, sea walls, or other legally constructed 28
1109	1109	shoreline infrastructure. Further, no entitlement is hereby created for the public to use amenities 29
1110	1110	privately owned by other persons or entities, including, but not limited to: cabanas, decks, and 30
1111	1111	beach chairs. 31
1112	1112	(d) Any landowner whose property abuts the shore shall, with respect to the public’s 32
1113	1113	exercise of rights and privileges of the shore as defined in this chapter, be afforded the liability 33
1114	1114	limitations pursuant to chapter 6 of title 32. 34
1115	1115
1116	1116
1117	1117	LC001018 - Page 31 of 34
1118	1118	(e) The coastal resources management council (CRMC) department in collaboration with 1
1119	1119	the department of environmental management (DEM), shall develop and disseminate information 2
1120	1120	to educate the public and property owners about the rights set out in this section. 3
1121	1121	(f) The CRMC department in collaboration with the DEM, and the attorney general, shall 4
1122	1122	determine appropriate language and signage details for use at shoreline locations. 5
1123	1123	SECTION 3. Chapter 46-23 of the General Laws entitled "Coastal Resources Management 6
1124	1124	Council" is hereby amended by adding thereto the following sections: 7
1125	1125	46-23-27. Severability. 8
1126	1126	If any provision of this chapter or the application thereof to any person or circumstances is 9
1127	1127	held invalid, that invalidity shall not affect other provisions or applications of the chapter, which 10
1128	1128	can be given effect without the invalid provision or application, and to this end the provisions of 11
1129	1129	this chapter are declared to be severable. 12
1130	1130	46-23-28. Effective date. 13
1131	1131	(a) Within thirty (30) business days of the date of passage of this act, the department shall 14
1132	1132	put out for notice and comment revisions of its coastal resources management program (referred to 15
1133	1133	as "red book") and management procedures in order to implement the programmatic changes from 16
1134	1134	the council to the department. 17
1135	1135	(b) Within seven (7) days of promulgation of the revised coastal resources management 18
1136	1136	program (referred to as "red book") and management procedures, the department shall submit a 19
1137	1137	coastal zone management act program change request to the National Oceanic and Atmospheric 20
1138	1138	Administration (NOAA) for the approval of the amendments to this statute and the management 21
1139	1139	procedures. The remaining sections of this statute shall take effect upon NOAA's approval. 22
1140	1140	SECTION 4. Sections 46-23-2.1, 46-23-3, 46-23-5, 46-23-6.3 and 46-23-12 of the General 23
1141	1141	Laws in Chapter 46-23 entitled "Coastal Resources Management Council" are hereby repealed. 24
1142	1142	46-23-2.1. Members — Term of office — Vacancies. 25
1143	1143	(a) The term of office of the appointed members shall be three (3) years, only so long as 26
1144	1144	the members shall remain eligible to serve on the council under the appointment authority. 27
1145	1145	(b) The members are eligible for successive appointments. 28
1146	1146	(c) Elected or appointed municipal officials shall hold seats on the council, only so long as 29
1147	1147	they remain in their elected or appointed office. 30
1148	1148	(d) A vacancy other than by expiration shall be filled in the manner of the original 31
1149	1149	appointment but only for the unexpired portion of the term. The governor shall have the power to 32
1150	1150	remove his or her appointee for just cause. 33
1151	1151	46-23-3. Oath of members. 34
1152	1152
1153	1153
1154	1154	LC001018 - Page 32 of 34
1155	1155	Each appointed member of the council, before entering upon his or her duties, shall take 1
1156	1156	an oath to administer the duties of his or her office faithfully and impartially, and the oath shall be 2
1157	1157	filed in the office of the secretary of state. 3
1158	1158	46-23-5. Expenses of members. 4
1159	1159	(a) The members of the council and the chairperson shall not be compensated for their 5
1160	1160	service on the board, but the members and chairperson shall be reimbursed for their actual expenses 6
1161	1161	necessarily incurred in the performance of their duties. 7
1162	1162	(b) [Deleted by P.L. 2005, ch. 117, art. 21, § 34.] 8
1163	1163	46-23-6.3. Tolling of expiration periods. 9
1164	1164	(a) Notwithstanding any other provision set forth in this chapter, all periods pertaining to 10
1165	1165	the expiration of any approval or permit issued pursuant to any state statute or any regulation 11
1166	1166	promulgated thereto pertaining to the development of property shall be tolled until June 30, 2016. 12
1167	1167	For the purposes of this section, “tolling” means the suspension or temporary stopping of the 13
1168	1168	running of the applicable permit or approval period. 14
1169	1169	(b) Said tolling need not be recorded in the land evidence records to be valid, however, a 15
1170	1170	notice of the tolling must be posted in the municipal planning department and near the land evidence 16
1171	1171	records. 17
1172	1172	(c) The tolling shall apply only to approvals or permits in effect on November 9, 2009, and 18
1173	1173	those issued between November 9, 2009, and June 30, 2016, and shall not revive expired approvals 19
1174	1174	or permits. 20
1175	1175	(d) The expiration dates for all permits and approvals issued before the tolling period began 21
1176	1176	will be recalculated as of July 1, 2016, by adding thereto the number of days between November 22
1177	1177	9, 2009, and the day on which the permit or approval would otherwise have expired. The expiration 23
1178	1178	dates for all permits and approvals issued during the tolling period will be recalculated as of July 24
1179	1179	1, 2016, by adding thereto the number of days between the day the permit or approval was issued 25
1180	1180	and the day the permit or approval otherwise would have expired. 26
1181	1181	46-23-12. Representation from coastal communities. 27
1182	1182	Upon the expiration of a term of a member appointed by the governor, as an appointed or 28
1183	1183	elected official of local government from a coastal municipality as set out in § 46-23-2, the governor 29
1184	1184	shall appoint an appointed or elected official of a coastal municipality which, at the time of the 30
1185	1185	governor’s appointment, has no appointed or ex officio representation on the council. 31
1186	1186
1187	1187
1188	1188	LC001018 - Page 33 of 34
1189	1189	SECTION 5. This act shall take effect upon passage. 1
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1191	1191	LC001018
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1193	1193
1194	1194
1195	1195	LC001018 - Page 34 of 34
1196	1196	EXPLANATION
1197	1197	BY THE LEGISLATIVE COUNCIL
1198	1198	OF
1199	1199	A N A C T
1200	1200	RELATING TO WATERS AND NAVIGATION -- COASTAL RESOURCES MANAG EMENT
1201	1201	COUNCIL
1202	1202	***
1203	1203	This act would replace the coastal resources management council with a state department 1
1204	1204	of coastal resources and transfer all of the powers and duties between the two (2) authorities. 2
1205	1205	This act would take effect upon passage. 3
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1207	1207	LC001018
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