Rhode Island 2025 Regular Session

Rhode Island Senate Bill S0775 Compare Versions

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

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5	5	2025 -- S 0775
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7	7	LC001019
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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: Senators McKenney, Lawson, Gu, Sosnowski, and DiPalma
18	18	Date Introduced: March 14, 2025
19	19	Referred To: Senate Environment & Agriculture
20	20	(Attorney General)
21	21
22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. The title of Chapter 46-23 of the General Laws entitled "Coastal Resources 1
24	24	Management Council" is hereby amended to read as follows: 2
25	25	CHAPTER 46-23 3
26	26	Coastal Resources Management Council 4
27	27	CHAPTER 46-23 5
28	28	DEPARTMENT OF COASTAL RESOURCES 6
29	29	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
30	30	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
31	31	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
32	32	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
33	33	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
34	34	the General Laws in Chapter 46-23 entitled "Coastal Resources Management Council" are hereby 12
35	35	amended to read as follows: 13
36	36	46-23-1. Legislative findings. 14
37	37	(a)(1) Under article 1, § 17 of the Rhode Island Constitution, the people shall continue to 15
38	38	enjoy and freely exercise all the rights of fishery, and the privileges of the shore, to which they 16
39	39	have been heretofore entitled under the charter and usages of this state, including, but not limited 17
40	40	to, fishing from the shore, the gathering of seaweed, leaving the shore to swim in the sea and 18
41	41
42	42
43	43	LC001019 - Page 2 of 34
44	44	passage along the shore; and they shall be secure in their rights to use and enjoyment of the natural 1
45	45	resources of the state with due regard for the preservation of their values; and it is the duty of the 2
46	46	general assembly to provide for the conservation of the air, land, water, plant, animal, mineral and 3
47	47	other natural resources of the state, and to adopt all means necessary and proper by law to protect 4
48	48	the natural environment of the people of the state by providing adequate resource planning for the 5
49	49	control and regulation of the use of the natural resources of the state and for the preservation, 6
50	50	regeneration, and restoration of the natural environment of the state. 7
51	51	(2) The general assembly recognizes and declares that the coastal resources of Rhode 8
52	52	Island, a rich variety of natural, commercial, industrial, recreational, and aesthetic assets, are of 9
53	53	immediate and potential value to the present and future development of this state; that unplanned 10
54	54	or poorly planned development of this basic natural environment has already damaged or destroyed, 11
55	55	or has the potential of damaging or destroying, the state’s coastal resources, and has restricted the 12
56	56	most efficient and beneficial utilization of these resources; that it shall be the policy of this state to 13
57	57	preserve, protect, develop, and, where possible, restore the coastal resources of the state for this 14
58	58	and succeeding generations through comprehensive and coordinated long range planning and 15
59	59	management designed to produce the maximum benefit for society from these coastal resources; 16
60	60	and that preservation and restoration of ecological systems shall be the primary guiding principle 17
61	61	upon which environmental alteration of coastal resources will be measured, judged, and regulated. 18
62	62	(b)(1) That effective implementation of these policies is essential to the social and 19
63	63	economic well-being of the people of Rhode Island because the sea and its adjacent lands are major 20
64	64	sources of food and public recreation, because these resources are used by and for industry, 21
65	65	transportation, waste disposal, and other purposes, and because the demands made on these 22
66	66	resources are increasing in number, magnitude, and complexity; and that these policies are 23
67	67	necessary to protect the public health, safety, and general welfare. Pursuant to 16 U.S.C. § 1452 24
68	68	(“The Coastal Zone Management Act”), the general assembly hereby directs the council department 25
69	69	of coastal resources (referred to as “CRMC” the "department") to exercise effectively its 26
70	70	responsibilities in the coastal zone through the development and implementation of management 27
71	71	programs to achieve wise use of the land and water resources of the coastal zone. 28
72	72	(2) Furthermore, that implementation of these policies is necessary in order to secure the 29
73	73	rights of the people of Rhode Island to the use and enjoyment of the natural resources of the state 30
74	74	with due regard for the preservation of their values, and in order to allow the general assembly to 31
75	75	fulfill its duty to provide for the conservation of the air, land, water, plant, animal, mineral, and 32
76	76	other natural resources of the state, and to adopt all means necessary and proper by law to protect 33
77	77	the natural environment of the people of the state by providing adequate resource planning for the 34
78	78
79	79
80	80	LC001019 - Page 3 of 34
81	81	control and regulation of the use of the natural resources of the state and for the preservation, 1
82	82	regeneration, and restoration of the natural environment of the state. 2
83	83	(c) That these policies can best be achieved through the creation of a coastal resources 3
84	84	management council department of coastal resources as the principal mechanism for management 4
85	85	of the state’s coastal resources. 5
86	86	(d) The general assembly recognizes and declares that maintenance dredging is required to 6
87	87	remove natural silt accumulations; Rhode Island has not had a general maintenance dredging policy 7
88	88	and programs for ports, port facilities, channels, harbors, public and private marinas and boating 8
89	89	facilities, recreational facilities and habitat areas; other major coastal states have maintenance 9
90	90	dredging policies and in-water maintenance dredge disposal sites; as a result of the lack of a general 10
91	91	maintenance dredging policy and program and as a result there has been: 11
92	92	(1) A decrease in the depth of the Providence Channel from forty-four (44) feet in 1971 to 12
93	93	twenty-four (24) feet in 1996; 13
94	94	(2) Navigational restrictions on ocean going vessels through the state’s waterways and 14
95	95	channels; and 15
96	96	(3) A decrease in the number of available slips and moorings at marinas throughout the 16
97	97	state; and the lack of a maintenance dredging policy and programs have significant adverse 17
98	98	environmental and economic effects on the state and therefore it is in the best interest of the state, 18
99	99	the cities and towns of the state, and the citizens thereof for the state to have a general maintenance 19
100	100	dredging policy and programs to resolve issues related to dredge maintenance and disposal and 20
101	101	avoid future significant direct and indirect adverse impact on the environment and economy of the 21
102	102	state. 22
103	103	(e) The department of coastal resources management council is hereby designated as the 23
104	104	lead state agency for purposes of dredging in tidal waters and as such shall have the following 24
105	105	duties and responsibilities: 25
106	106	(1) To coordinate the interest of the state with regard to dredging; 26
107	107	(2) To formulate and adopt a state policy with regard to dredging which integrates those 27
108	108	interests; 28
109	109	(3) To cooperate with, negotiate, and to enter into agreements on behalf of the state with 29
110	110	the federal government and with other public bodies and private parties with regard to dredging; 30
111	111	(4) To act as the initial and primary point of contact for all applications to the state for 31
112	112	dredging projects in tidal waters; 32
113	113	(5) To develop, prepare, adopt pursuant to § 46-23-11, implement, and maintain a 33
114	114	comprehensive plan for dredge material management; and 34
115	115
116	116
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118	118	(6) To cooperate and coordinate with the departments of environmental management, 1
119	119	transportation, administration, and health, and the economic development corporation in the 2
120	120	conduct of these duties and responsibilities. 3
121	121	(f)(1) The legislature recognizes that under Article I, § 17, the submerged lands of the state 4
122	122	are impressed with a public trust and that the state is responsible for the protection of the public’s 5
123	123	interest in these lands. The state maintains title in fee to all soil within its boundaries that lies below 6
124	124	the high water mark, and it holds that land in trust for the use of the public. In benefiting the public, 7
125	125	the state preserves certain public rights which include, but are not limited to, fishery, commerce, 8
126	126	and navigation in these waters and the submerged lands that they cover. 9
127	127	(2) Since All the powers and duties previously vested in the coastal resources management 10
128	128	council since its establishment in 1971, are hereby transferred to the department of coastal resources 11
129	129	("department"). the CRMC The department has had the authority to manage and plan for the 12
130	130	preservation of the coastal resources of the state including, but not limited to, submerged lands. 13
131	131	The legislature hereby declares that, in light of the unique size, scope, and overall potential impact 14
132	132	upon the environment of large scale filling projects involving twenty-five (25) acres or more, any 15
133	133	lease of tidal lands, or any license to use those lands, is subject to approval, disapproval, or 16
134	134	conditional approval by the direct enactment of the general assembly by legislative action. The 17
135	135	CRMC department shall review all requests for leases, licenses to use the land, and other authority 18
136	136	to use the land made by any applicant prior to presentation of the request to the general assembly, 19
137	137	and the CRMC department shall make recommendations on the request to the general assembly. 20
138	138	With the exception of any and all projects to fill land of twenty-five (25) acres or more, the general 21
139	139	assembly hereby recognizes and declares that the CRMC department is delegated the sole and 22
140	140	exclusive authority for the leasing of submerged and filled lands and giving licenses for the use of 23
141	141	that land. Accordingly, the CRMC department will develop, coordinate, and adopt a system for the 24
142	142	leasing of submerged and filled lands, and licenses for the use of that land, and will ensure that all 25
143	143	leases and licenses are consistent with the public trust. Pursuant thereto, the CRMC department 26
144	144	shall impose a maximum fee of eighty thousand dollars ($80,000) per annum for any transatlantic 27
145	145	cable that makes landfall in Rhode Island. All such fees collected shall be deposited into the Bays, 28
146	146	Rivers and Watersheds Fund, established pursuant to § 46-31-12.1, and shall be disbursed 29
147	147	according to the purposes of that fund. Nothing contained in this subsection negates, repeals, or 30
148	148	alters the provisions, processes, and requirements for the leasing of submerged land for the conduct 31
149	149	of aquaculture as set out under chapter 10 of title 20. Therefore, nothing in this chapter shall be 32
150	150	construed to limit or impair the authority of the state, or any duly established agency of the state, 33
151	151	to regulate filling or dredging affecting tidal lands owned by the state or any other entity, and 34
152	152
153	153
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155	155	nothing in this chapter shall be construed to limit or impair the obligation of the applicant to obtain 1
156	156	all applicable regulatory approvals. Specifically, and without limiting the foregoing, nothing in this 2
157	157	subsection negates, repeals, or alters the provisions, processes, and requirements for water quality 3
158	158	certification contained in chapter 12 of this title. 4
159	159	(3) Definitions. As used in this chapter, the following words unless the context clearly 5
160	160	requires otherwise, shall have the following meanings: 6
161	161	(i) "Department" means the department of coastal resources as established herein. 7
162	162	(ii) "Director" means the director of the department of coastal resources as established 8
163	163	herein, or their duly authorized agent, unless stated otherwise. 9
164	164	(i)(iii) “Filled land” means portions of tidal lands which have been rendered by the acts of 10
165	165	man to be no longer subject to tidal action or beneath tidal waters. 11
166	166	(ii)(iv) “Tidal Lands” means those lands that are below the mean high water. 12
167	167	(iii)(v) “Mean high water” means a line of contour representing the 18.6 year average as 13
168	168	determined by the metonic cycle and/or its equivalent as evidenced by the records, tidal datum, and 14
169	169	methodology of the United States Coastal Geodetic Survey within the National Oceanic and 15
170	170	Atmospheric Administration. 16
171	171	46-23-2. Coastal resources management council created — Appointment of members. 17
172	172	Department of coastal resources – Transfer of responsibilities and community advisory 18
173	173	committee. 19
174	174	(a) There is hereby created the coastal resources management council. The coastal 20
175	175	resources management council shall consist of ten (10) members. Nine (9) members shall be 21
176	176	appointed by the governor, with advice and consent of the senate, and one member shall serve ex 22
177	177	officio. All current appointments to the coastal resources management council made by the 23
178	178	governor with advice and consent of the senate are hereby validated and ratified and those 24
179	179	appointees shall serve for the remainder of their term. 25
180	180	(1) Six (6) of the members shall be appointed or elected officials of local government: three 26
181	181	(3) of whom shall be appointed or elected officials in a municipality of fewer than twenty-five 27
182	182	thousand (25,000) in population, three (3) of whom shall be appointed or elected officials in a 28
183	183	municipality of more than twenty-five thousand (25,000) in population. The populations are to be 29
184	184	determined by the latest federal census. Elected or appointed municipal officials shall hold seats on 30
185	185	the council only so long as they remain in their elected or appointed office. Each municipal 31
186	186	appointment shall cease if the appointed or elected official shall no longer hold or change the office 32
187	187	which they held upon appointment. At least five (5) out of the six (6) appointed or elected members 33
188	188	must be appointed or elected in a coastal municipality. When the governor submits his or her 34
189	189
190	190
191	191	LC001019 - Page 6 of 34
192	192	appointments to the senate for advice and consent, the governor shall specify the appointed or 1
193	193	elected office that each municipal appointment holds; the population of the municipality 2
194	194	represented; and the member being replaced. 3
195	195	(2) Three (3) members shall be appointed by the governor from the public, with the advice 4
196	196	and consent of the senate, one of the public members and his or her successors shall reside in a 5
197	197	coastal municipality. 6
198	198	(3) All members shall serve until their successors are appointed and qualified; during the 7
199	199	month of January, the governor shall appoint, with the advice and consent of the senate, a member 8
200	200	to succeed the members whose term will then next expire for a term of three (3) years commencing 9
201	201	on the first day of February next following and until their successor is named and qualified. A 10
202	202	member shall be eligible for successive appointments. No more than two (2) persons on the council 11
203	203	shall be from the same municipality. A vacancy other than by expiration shall be filled in the 12
204	204	manner of the original appointment but only for the unexpired portion of the term. 13
205	205	(a) There is hereby established within the executive branch of the state government a 14
206	206	department of coastal resources. The head of the department shall be the director of the department 15
207	207	of coastal resources who shall be in the unclassified service and who shall be appointed by the 16
208	208	governor, with the advice and consent of the senate, and shall serve at the pleasure of the governor. 17
209	209	(1) Whenever, in any general law, public law or regulation the words “coastal resources 18
210	210	management council”, the “council” or “CRMC” shall appear, the same shall be deemed to refer to 19
211	211	and to mean the “department of coastal resources.” Whenever, in any general law, public law or 20
212	212	regulation the words “chairman” or “chairperson of the coastal resources management council” 21
213	213	shall appear, the same shall be deemed to refer to and mean the “director of the department of 22
214	214	coastal resources.” 23
215	215	(2) The director of the department of coastal resources ("director") assuming any duties 24
216	216	formerly imposed upon any other department, division, board, commission, or other agency shall 25
217	217	perform those duties, notwithstanding that those duties were formerly performed by a board, 26
218	218	council, department, or a single officer. Any ruling, decision, or order made by the director with 27
219	219	regard to matters within the director's jurisdiction shall be subject to any existing right of appeal to 28
220	220	a court of competent jurisdiction. 29
221	221	(b) There is hereby established a community advisory committee for the department of 30
222	222	coastal resources ("the committee"). The role of the committee is to provide the department with 31
223	223	input on policy initiatives and program improvements. The director shall schedule and hold public 32
224	224	committee meetings at least two (2) times per year. 33
225	225	(1) The committee shall consist of ten (10) members. Nine (9) members shall be appointed 34
226	226
227	227
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229	229	by the governor and one member shall serve ex officio. Members of the committee shall be 1
230	230	knowledgeable in coastal law, costal policy or coastal ecology. No two (2) members shall reside in 2
231	231	the same community; and 3
232	232	(4)(2) The director of the department of environmental management, or their designee, 4
233	233	shall serve ex officio. The ex-officio member shall not be counted as serving from any particular 5
234	234	municipality community. 6
235	235	(b) In addition to the foregoing voting members, the council may include a varying number 7
236	236	of other members who may serve in an advisory capacity without the right to vote and who may be 8
237	237	invited to serve by either the governor or the voting members. These advisory members may 9
238	238	represent the federal agencies such as the navy, coast guard, corps of engineers, public health 10
239	239	service, and the Federal Water Pollution Control Administration, and such regional agencies as the 11
240	240	New England River Basins Commission and the New England Regional Commission and any other 12
241	241	group or interest not otherwise represented. 13
242	242	(c) There may be established a coastal resources advisory committee which committee, 14
243	243	appointed by the executive director of the coastal resources management council, may include, but 15
244	244	not be limited to, representation from the following groups: one of whom may be a representative 16
245	245	of the university of Rhode Island graduate school of oceanography and the college of resources 17
246	246	development, one of whom may be a representative of the Sea Grant National College Program, 18
247	247	one of whom may be a representative of the army corps of engineers, one of whom may be a 19
248	248	representative of the federal environmental protection agency’s Narragansett Bay laboratory, one 20
249	249	of whom shall be a representative of the coastal resources management council, one of whom may 21
250	250	be the director of the department of environmental management; one of whom may be a member 22
251	251	of the Rhode Island Marine Trade Association and one of whom may be a representative of a 23
252	252	regional environmental group. The council director shall have the authority to appoint these 24
253	253	additional members to the other advisory committee committees, as is deemed necessary or 25
254	254	advisable by the advisory committee or the council director. It shall be the responsibility of the 26
255	255	committee to advise the coastal resources management council on environmental issues relating to 27
256	256	dredging and permitting related thereto, including, but not limited to, those issues defined in §§ 46-28
257	257	23-18.1 — 46-23-18.3, inclusive. 29
258	258	(d) The council shall have the authority to form committees of other advisory groups as 30
259	259	needed from both its own members and others. 31
260	260	46-23-4. Officers of the council — Quorum and vote required for action. Attorneys 32
261	261	and employees of the department. 33
262	262	The governor shall select from the appointed members a chairperson and vice chairperson. 34
263	263
264	264
265	265	LC001019 - Page 8 of 34
266	266	The council shall thereupon select a secretary from among its membership or staff. The council 1
267	267	may engage staff, including legal counsel, as it deems necessary. A quorum shall consist of six (6) 2
268	268	members of the council. A majority vote of those present shall be required for action. 3
269	269	(a) Staff attorney. There is hereby created the position(s) of staff attorney to the director of 4
270	270	the department of coastal resources. The director is hereby empowered and directed to hire at least 5
271	271	one full-time staff attorney(s) consistent with this section. The staff attorney(s) shall be hired by 6
272	272	and serve at the pleasure of the director and shall serve in the unclassified service. 7
273	273	(1) The staff attorney(s) shall be an attorney(s)-at-law and shall not otherwise engage in 8
274	274	the practice of law. The staff attorney(s) shall represent the director and staff on all matters 9
275	275	including representation at department hearings. Nothing in this chapter shall limit the authority of 10
276	276	the attorney general, including the authority granted in § 42-9-6. 11
277	277	(b) The director may engage staff, as they deem necessary to carry out the department's 12
278	278	duties. 13
279	279	(c) Notwithstanding any other law to the contrary and upon the effective date of this 14
280	280	section, all employees of the coastal resources management council shall be transferred to the 15
281	281	department of coastal resources and retain civil service status, title, rate of pay and benefits. 16
282	282	46-23-4.1. Executive director of coastal resources management. Coordination of 17
283	283	agencies. 18
284	284	The governor shall appoint, with the advice and consent of the senate, an executive director 19
285	285	of coastal resources management who shall be an employee of the council and who shall not be a 20
286	286	member of the council. The executive director shall coordinate and liaison with the director of the 21
287	287	department of environmental management, and the executive director’s staff shall be at the same 22
288	288	staff level as the other executive directors, and the executive director shall work directly with the 23
289	289	other division leaders. The executive director of coastal resources management shall be in the 24
290	290	unclassified service. The primary duty and responsibility of the executive director shall be to 25
291	291	continue planning for and management of the resources of the state’s coastal region directors. 26
292	292	46-23-6. Powers and duties — Rights-of-way. Continuing authorities – Powers and 27
293	293	duties – Rights-of-way. 28
294	294	All prior actions taken by the coastal resources management council including, but not 29
295	295	limited to, permits issued, enforcement actions taken, special area management plans, policies and 30
296	296	all duly promulgated regulations remain valid and enforceable by the department. In order to 31
297	297	properly manage coastal resources the council has department is empowered to exercise all the 32
298	298	functions, powers, and duties heretofore vested in the coastal resources management council, 33
299	299	including, but not limited to, the following powers and duties: 34
300	300
301	301
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303	303	(1) Planning and management.(i) The primary responsibility of the council department 1
304	304	shall be the continuing planning for and management of the resources of the state’s coastal region. 2
305	305	The council department shall be able to make any studies of conditions, activities, or problems of 3
306	306	the state’s coastal region needed to carry out its responsibilities. 4
307	307	(ii) The resources management process shall include the following basic phases: 5
308	308	(A) Identify all of the state’s coastal resources, water, submerged land, air space, fin fish, 6
309	309	shellfish, minerals, physiographic features, and so forth. 7
310	310	(B) Evaluate these resources in terms of their quantity, quality, capability for use, and other 8
311	311	key characteristics. 9
312	312	(C) Determine the current and potential uses of each resource. 10
313	313	(D) Determine the current and potential problems of each resource. 11
314	314	(E) Formulate plans and programs for the management of each resource, identifying 12
315	315	permitted uses, locations, protection measures, and so forth. 13
316	316	(F) Carry out these resources management programs through implementing authority and 14
317	317	coordination of state, federal, local, and private activities. 15
318	318	(G) Formulation of standards where these do not exist, and reevaluation of existing 16
319	319	standards. 17
320	320	(H) To develop comprehensive programs for dredging in tidal waters and related beneficial 18
321	321	use, disposal, monitoring dewatering and transportation of dredge materials. 19
322	322	(I) To accept and administer loans and grants from the federal government and from other 20
323	323	sources, public or private, for the carrying out of any of its functions, which loans or grants shall 21
324	324	not be expended for other than the purposes for which provided. 22
325	325	(J) To encourage, participate in, or conduct studies, investigations, research, and 23
326	326	demonstrations relating to dredging, disposal of dredge materials and transportation thereof in the 24
327	327	tidal waters of the state as the coastal resources management council department may deem 25
328	328	advisable and necessary for the discharge of its duties under this chapter. 26
329	329	(K) To collect and disseminate information relating to dredging, disposal of dredge 27
330	330	materials and transportation thereof within the tidal waters of the state. 28
331	331	(L) To work with the appropriate federal and state agencies to develop as provided for in 29
332	332	this chapter and in chapter 6.1 of this title, a comprehensive plan for dredging in tidal waters and 30
333	333	related beneficial use, disposal, monitoring dewatering and transportation of dredge materials. 31
334	334	(M) To apply for, accept and expend grants and bequests of funds, for the purpose of 32
335	335	carrying out the lawful responsibilities of the coastal resources management council department. 33
336	336	(iii) An initial series of resources management activities shall be initiated through this basic 34
337	337
338	338
339	339	LC001019 - Page 10 of 34
340	340	process, then each phase shall continuously be recycled and used to modify the council’s 1
341	341	department's resources management programs and keep them current. 2
342	342	(iv) Planning and management programs shall be formulated in terms of the characteristics 3
343	343	and needs of each resource or group of related resources. However, all plans and programs shall be 4
344	344	developed around basic standards and criteria, including: 5
345	345	(A) The need and demand for various activities and their impact upon ecological systems. 6
346	346	(B) The degree of compatibility of various activities. 7
347	347	(C) The capability of coastal resources to support various activities. 8
348	348	(D) Water quality standards set by the director of the department of environmental 9
349	349	management. 10
350	350	(E) Consideration of plans, studies, surveys, inventories, and so forth prepared by other 11
351	351	public and private sources. 12
352	352	(F) Consideration of contiguous land uses and transportation facilities. 13
353	353	(G) Whenever possible consistency with the state guide plan. 14
354	354	(v) The council department shall prepare, adopt, administer, and cause to be implemented, 15
355	355	including specifically through its powers of coordination as set forth in subdivision (3) of this 16
356	356	section, a marine resources development plan and such special area management plans as the 17
357	357	council department may determine to be appropriate or desirable as follows: 18
358	358	(A) Marine resources development plan. 19
359	359	(I) The purpose of the marine resources development plan shall be to provide an integrated 20
360	360	strategy for: (a) improving the health and functionality of Rhode Island’s marine ecosystem; (b) 21
361	361	providing for appropriate marine-related economic development; and (c) promoting the use and 22
362	362	enjoyment of Rhode Island’s marine resources by the people of the state. 23
363	363	(II) The marine resources development plan shall include specific goals and objectives 24
364	364	necessary to accomplish its purposes, performance measures to determine progress toward 25
365	365	achieving such goals and objectives, and an implementation program. 26
366	366	(III) The marine resources development plan shall be prepared in cooperation with the 27
367	367	department of environmental management, the statewide planning program, and the commerce 28
368	368	corporation, with the involvement of such other state agencies as may be appropriate, and with such 29
369	369	technical support as may be necessary and appropriate from the Narragansett Bay Estuary Program, 30
370	370	the Coastal Institute at the University of Rhode Island, and Rhode Island Sea Grant. 31
371	371	(IV) The plan shall be responsive to the requirements and principles of the federal coastal 32
372	372	zone management act as amended, including, but not limited to, the expectations of the act for 33
373	373	incorporating the federal Clean Water Act into coastal zone management programs. 34
374	374
375	375
376	376	LC001019 - Page 11 of 34
377	377	(V) The marine resources development plan shall take into account local land use 1
378	378	management responsibilities as provided for under title 45 and harbor management responsibilities, 2
379	379	and the preparation of the plan shall include opportunities for involvement and/or comment by 3
380	380	cities and towns. 4
381	381	(VI) The marine resources development plan shall be adopted by the council department 5
382	382	in accordance with the provisions of this subsection by July 1, 2005, shall as appropriate incorporate 6
383	383	the recommendations of the Governor’s Narragansett Bay and Watershed Planning Commission, 7
384	384	and shall be made consistent with systems level plans as appropriate, in order to effectuate the 8
385	385	purposes of systems level planning. The council shall update the marine resources development 9
386	386	plan at least once every five (5) years. 10
387	387	(VII) The council department shall administer its programs, regulations, and 11
388	388	implementation activities in a manner consistent with the marine resources development plan. 12
389	389	(VIII) The marine resources development plan and any updates thereto shall be adopted as 13
390	390	appropriate as elements of the state guide plan pursuant to § 42-11-10. 14
391	391	(B) Special area management plans. 15
392	392	(I) The council department shall adopt such special area management plans as deemed 16
393	393	necessary and desirable to provide for the integration and coordination of the protection of natural 17
394	394	resources, the promotion of reasonable coastal-dependent economic growth, and the improved 18
395	395	protection of life and property in the specific areas designated council by the department as 19
396	396	requiring such integrated planning and coordination. 20
397	397	(II) The integrated planning and coordination herein specified shall include, but not be 21
398	398	limited to, federal agencies, state agencies, boards, commissions, and corporations, including 22
399	399	specifically the commerce corporation, and cities and towns, shall utilize to the extent appropriate 23
400	400	and feasible the capacities of entities of higher education, including Rhode Island Sea Grant, and 24
401	401	shall provide for the participation of advocacy groups, community-based organizations, and private 25
402	402	persons. 26
403	403	(III) The council department shall administer its programs, regulations, and 27
404	404	implementation activities in a manner consistent with special area management plans. 28
405	405	(IV) Special area management plans and any updates thereto shall be adopted as 29
406	406	appropriate as elements of the state guide plan pursuant to § 42-11-10. 30
407	407	(2) Implementation. (i) The council department is authorized to formulate policies and 31
408	408	plans and to adopt regulations necessary to implement its various management programs. With 32
409	409	respect to such policies and plans which relate to matters where the coastal resources management 33
410	410	council department and the department of environmental management have concurrent jurisdiction 34
411	411
412	412
413	413	LC001019 - Page 12 of 34
414	414	and upon formulation of the plans and regulations, the council department shall, prior to adoption, 1
415	415	submit the proposed plans or regulations to the director of the department of environmental 2
416	416	management for the director’s their review. The director of the department of environmental 3
417	417	management shall review and submit comments to the council department within thirty (30) days 4
418	418	of submission to the director of the department of environmental management by the council 5
419	419	department. The comments of the director of the department of environmental management shall 6
420	420	include findings with regard to the consistency of the policies, plans and/or regulations with the 7
421	421	requirements of laws administered by the department of environmental management. The council 8
422	422	director shall consider the director’s director of the department of environmental management's 9
423	423	comments prior to adoption of any such policies, plans or regulations and shall respond in writing 10
424	424	to findings of the director of the department of environmental management with regard to the 11
425	425	consistency of said policies, plans and/or regulations with the requirements of laws administered 12
426	426	by the department of environmental management. 13
427	427	(ii)(A) The council department shall have exclusive jurisdiction below mean high water for 14
428	428	all development, operations, and dredging, consistent with the requirements of chapter 6.1 of this 15
429	429	title and except as necessary for the department of environmental management to exercise its 16
430	430	powers and duties and to fulfill its responsibilities pursuant to §§ 42-17.1-2 and 42-17.1-24, and 17
431	431	any person, firm, or governmental agency proposing any development or operation within, above, 18
432	432	or beneath the tidal water below the mean high water mark, extending out to the extent of the state’s 19
433	433	jurisdiction in the territorial sea, shall be required to demonstrate that its proposal would not: 20
434	434	(I) Conflict with any resources management plan or program; 21
435	435	(II) Make any area unsuitable for any uses or activities to which it is allocated by a 22
436	436	resources management plan or program adopted by the council department; or 23
437	437	(III) Significantly damage the environment of the coastal region. 24
438	438	(B) The council department shall be authorized to approve, modify, set conditions for, or 25
439	439	reject any such proposal. 26
440	440	(iii) The authority of the council department over land areas (those areas above the mean 27
441	441	high water mark) shall be limited to two hundred feet (200′) from the coastal physiographic feature 28
442	442	or to that necessary to carry out effective resources management programs. This shall be limited to 29
443	443	the authority to approve, modify, set conditions for, or reject the design, location, construction, 30
444	444	alteration, and operation of specified activities or land uses when these are related to a water area 31
445	445	under the agency’s jurisdiction, regardless of their actual location. The council’s department's 32
446	446	authority over these land uses and activities shall be limited to situations in which there is a 33
447	447	reasonable probability of conflict with a plan or program for resources management or damage to 34
448	448
449	449
450	450	LC001019 - Page 13 of 34
451	451	the coastal environment. These uses and activities are: 1
452	452	(A) Power generating over forty (40) megawatts and desalination plants. 2
453	453	(B) Chemical or petroleum processing, transfer, or storage. 3
454	454	(C) Minerals extraction. 4
455	455	(D) Shoreline protection facilities and physiographical features, and all directly associated 5
456	456	contiguous areas which are necessary to preserve the integrity of the facility and/or features. 6
457	457	(E) Coastal wetlands and all directly associated contiguous areas which are necessary to 7
458	458	preserve the integrity of the wetlands including any freshwater wetlands located in the vicinity of 8
459	459	the coast. The actual determination of freshwater wetlands located in coastal vicinities and under 9
460	460	the jurisdiction of the coastal resources management council department shall be designated on 10
461	461	such maps that are agreed to in writing and made available for public use by the coastal resources 11
462	462	management council department and the director, department of environmental management, 12
463	463	within three (3) months of [August 6, 1996]. The CRMC department shall have exclusive 13
464	464	jurisdiction over the wetlands areas described in this section notwithstanding any provision of 14
465	465	chapter 1, title 2 or any other provision, except as provided in subsection (iv) of this section. Within 15
466	466	six (6) months of [August 6, 1996] the council The department in cooperation with the director 16
467	467	shall develop and maintain rules and regulations for the management and protection of freshwater 17
468	468	wetlands, affected by an aquaculture project, outside of those freshwater wetlands located in the 18
469	469	vicinity of the coast and under the exclusive jurisdiction of the director of the department of 19
470	470	environmental management. For the purpose of this chapter, a “coastal wetland” means any salt 20
471	471	marsh bordering on the tidal waters of this state, whether or not the tidal waters reach the littoral 21
472	472	areas through natural or artificial watercourses, and those uplands directly associated and 22
473	473	contiguous thereto which are necessary to preserve the integrity of that marsh. Marshes shall 23
474	474	include those areas upon which grow one or more of the following: smooth cordgrass (spartina 24
475	475	alterniflora), salt meadow grass (spartina patens), spike grass (distichlis spicata), black rush (juncus 25
476	476	gerardi), saltworts (salicornia spp.), sea lavender (limonium carolinianum), saltmarsh bulrushes 26
477	477	(scirpus spp.), hightide bush (iva frutescens), tall reed (phragmites communis), tall cordgrass 27
478	478	(spartina pectinata), broadleaf cattail (typha latifolia), narrowleaf cattail (typha angustifolia), spike 28
479	479	rush (eleocharis rostellata), chairmaker’s rush (scirpus amercana), creeping bentgrass (agrostis 29
480	480	palustris), sweet grass (hierochloe odorata), and wild rye (etlymus virginicus). 30
481	481	(F) Sewage treatment and disposal and solid waste disposal facilities. 31
482	482	(G) Beneficial use, dewatering, and disposal of dredged material of marine origins, where 32
483	483	such activities take place within two hundred feet (200′) of mean high water or a coastal 33
484	484	physiographic feature, or where there is a reasonable probability of conflict with a plan or program 34
485	485
486	486
487	487	LC001019 - Page 14 of 34
488	488	for resources management or damage to the coastal environment. 1
489	489	(iv) Notwithstanding the provisions of subsections (ii) and (iii) above, the department of 2
490	490	environmental management shall maintain jurisdiction over the administration of chapter 1, title 2, 3
491	491	including permitting of freshwater wetlands alterations and enforcement, with respect to all 4
492	492	agricultural activities undertaken by a farmer, as that term is defined in § 2-1-22(j), wherever 5
493	493	located; provided, however, that with respect to activities located partially or completely within 6
494	494	two hundred feet (200′) of the coastal physiographic feature, the department of environmental 7
495	495	management shall exercise jurisdiction in consultation with the council department. 8
496	496	(3) Coordination. The council department has the following coordinating powers and 9
497	497	duties: 10
498	498	(i) Functioning as a binding arbitrator in any matter of dispute involving both the resources 11
499	499	of the state’s coastal region and the interests of two (2) or more municipalities or state agencies. 12
500	500	(ii) Consulting and coordinating actions with local, state, regional, and federal agencies 13
501	501	and private interests. 14
502	502	(iii) Conducting or sponsoring coastal research. 15
503	503	(iv) Advising the governor, the general assembly, and the public on coastal matters. 16
504	504	(v) Serving as the lead state agency and initial and primary point of contact for dredging 17
505	505	activities in tidal waters and in that capacity, integrating and coordinating the plans and policies of 18
506	506	other state agencies as they pertain to dredging in order to develop comprehensive programs for 19
507	507	dredging as required by subparagraph (1)(ii)(H) of this section and chapter 6.1 of this title. The 20
508	508	Rhode Island resource recovery corporation prior to purchasing cover material for the state landfill 21
509	509	shall first contact the CRMC department to see if there is a source of suitable dredged material 22
510	510	available which shall be used in place of the purchase cover material. Other state agencies engaged 23
511	511	in the process of dump closures shall also contact the CRMC department to see if there is a source 24
512	512	of suitable dredged material available, which shall be used in place of the purchase cover material. 25
513	513	In addition, cities and towns may contact the CRMC department prior to closing city or town 26
514	514	controlled dump sites to see if there is a source of suitable dredge material available, which may be 27
515	515	used in place of the purchase cover material. 28
516	516	(vi) Acting as the state’s representative to all bodies public and private on all coastal and 29
517	517	aquaculture related matters. 30
518	518	(4) Operations. The council department is authorized to exercise the following operating 31
519	519	functions, which are essential to management of coastal resources: 32
520	520	(i) Issue, modify, or deny permits for any work in, above, or beneath the areas under its 33
521	521	jurisdiction, including conduct of any form of aquaculture. 34
522	522
523	523
524	524	LC001019 - Page 15 of 34
525	525	(ii) Issue, modify, or deny permits for dredging, filling, or any other physical alteration of 1
526	526	coastal wetlands and all directly related contiguous areas which are necessary to preserve the 2
527	527	integrity of the wetlands, including, but not limited to, the transportation and disposal of dredge 3
528	528	materials in the tidal waters. 4
529	529	(iii) Grant licenses, permits, and easements for the use of coastal resources which are held 5
530	530	in trust by the state for all its citizens, and impose fees for private use of these resources. 6
531	531	(iv) Determining the need for and establishing pierhead, bulkhead, and harbor lines. 7
532	532	(v) Enforcing and implementing riparian rights in the tidal waters after judicial decisions. 8
533	533	(vi) The council department may require an owner or operator of a commercial wharf or 9
534	534	pier of a marine commercial facility, as defined in 300.3 of the Rhode Island coastal resources 10
535	535	management program, but not including those facilities defined in 300.4 of the Rhode Island coastal 11
536	536	resources management program, and which is capable of offloading cargo, and is or will be subject 12
537	537	to a new use or a significant intensification of an existing use, to demonstrate that the commercial 13
538	538	wharf or pier is fit for that purpose. For the purposes of this subsection, a “commercial wharf or 14
539	539	pier” means a pier, bulkhead, wharf, docking facility, or underwater utilities. The council 15
540	540	department may order said owner or operator to provide an engineering certification to the council’s 16
541	541	department's satisfaction that the commercial wharf or pier is fit for the new use or intensification 17
542	542	of an existing use. If the council department determines that the commercial wharf or pier is not fit, 18
543	543	it may order the owner or operator to undertake the necessary work to make the commercial wharf 19
544	544	or pier safe, within a reasonable time frame. If the council department determines that the 20
545	545	commercial wharf or pier, because of its condition, is an immediate threat to public health and 21
546	546	safety it may order the commercial wharf or pier closed until the necessary work to make the 22
547	547	commercial wharf or pier safe has been performed and approved by the council department. All 23
548	548	work performed must conform to the council’s department's management program. The council 24
549	549	department is also given the authority to develop regulations to carry out this provision and to 25
550	550	impose administrative penalties of five thousand dollars ($5,000) per day up to a maximum of 26
551	551	twenty thousand dollars ($20,000) consistent with § 46-23-7.1 where there has been a violation of 27
552	552	the orders under this provision. 28
553	553	(5) Rights-of-way.(i) The council department is responsible for the designation of all public 29
554	554	rights-of-way to the tidal water areas of the state, and shall carry on a continuing discovery of 30
555	555	appropriate public rights-of-way to the tidal water areas of the state. 31
556	556	(ii) The council department shall maintain a complete file of all official documents relating 32
557	557	to the legal status of all public rights-of-way to the tidal water areas of the state. 33
558	558	(iii)(A) The council department has the power to designate for acquisition and 34
559	559
560	560
561	561	LC001019 - Page 16 of 34
562	562	development, and posting, and all other functions of any other department for tidal rights-of-way 1
563	563	and land for tidal rights-of-way, parking facilities, and other council related purposes. 2
564	564	(B) Further, the council department has the power to develop and prescribe a standard sign 3
565	565	to be used by the cities and towns to mark designated rights-of-way. 4
566	566	(iv) In conjunction with this subdivision, every state department controlling state-owned 5
567	567	land close to or adjacent to discovered rights-of-way is authorized to set out the land, or so much 6
568	568	of the land that may be deemed necessary for public parking. 7
569	569	(v) No use of land for public parking shall conflict with existing or intended use of the land, 8
570	570	and no improvement shall be undertaken by any state agency until detailed plans have been 9
571	571	submitted to and approved by the governing body of the local municipality. 10
572	572	(vi) In designating rights-of-way, the council department shall consider the following 11
573	573	matters in making its designation: 12
574	574	(A) Land evidence records; 13
575	575	(B) The exercise of domain over the parcel such as maintenance, construction, or upkeep; 14
576	576	(C) The payment of taxes; 15
577	577	(D) The creation of a dedication; 16
578	578	(E) Public use; 17
579	579	(F) Any other public record or historical evidence such as maps and street indexes; 18
580	580	(G) Other evidence as set out in § 42-35-10. 19
581	581	(vii) A determination by the council department that a parcel is a right-of-way shall be 20
582	582	decided by substantial evidence. 21
583	583	(viii) The council department shall be notified whenever by the judgment of the governing 22
584	584	body of a coastal municipality, a public right-of-way to tidal water areas located in such 23
585	585	municipality has ceased to be useful to the public, and such governing body proposes an order of 24
586	586	abandonment of such public right-of-way. Said notice shall be given not less than sixty (60) days 25
587	587	prior to the date of such abandonment. 26
588	588	(6) Pre-existing residential boating facilities.(i) The council department is hereby 27
589	589	authorized and empowered to issue assent for pre-existing residential boating facilities constructed 28
590	590	prior to January 1, 1985. These assents may be issued for pre-existing residential boating facilities, 29
591	591	even though such facilities do not meet current standards and policies of the council department; 30
592	592	provided, however, that the council department finds that such facilities do not pose any significant 31
593	593	risk to the coastal resources of the state of Rhode Island and do not endanger human safety. 32
594	594	(ii) In addition to the above criteria, the applicant shall provide clear and convincing 33
595	595	evidence that: 34
596	596
597	597
598	598	LC001019 - Page 17 of 34
599	599	(A) The facility existed in substantially the same configuration as it now exists prior to 1
600	600	January 1, 1985; 2
601	601	(B) The facility is presently intact and functional; and 3
602	602	(C) The facility presents no significant threat to the coastal resources of the state of Rhode 4
603	603	Island or human safety. 5
604	604	(iii) The applicant, to be eligible for this provision, shall apply no later than January 31, 6
605	605	1999. 7
606	606	(iv) The council department is directed to develop rules and regulations necessary to 8
607	607	implement this subdivision. 9
608	608	(v) It is the specific intent of this subsection to require that all pre-existing residential 10
609	609	boating facilities constructed on January 1, 1985, or thereafter conform to this chapter and the plans, 11
610	610	rules and regulations of the council department. 12
611	611	(7) Lease of filled lands which were formerly tidal lands to riparian or littoral owners.(i) 13
612	612	Any littoral or riparian owner in this state who desires to obtain a lease from the state of Rhode 14
613	613	Island of any filled lands adjacent to his or her upland shall apply to the council department, which 15
614	614	may make the lease. Any littoral or riparian owner who wishes to obtain a lease of filled lands must 16
615	615	obtain pre-approval, in the form of an assent, from the council department. Any lease granted by 17
616	616	the council department shall continue the public’s interest in the filled lands including, but not 18
617	617	limited to, the rights of navigation, fishery, and commerce. The public trust in the lands shall 19
618	618	continue and run concurrently with the leasing of the lands by the state to private individuals, 20
619	619	corporations, or municipalities. Upon the granting of a lease by the council department, those rights 21
620	620	consistent with the public trust and secured by the lease shall vest in the lessee. The council may 22
621	621	approve a lease of filled lands for an initial term of up to fifty (50) years, with, or without, a single 23
622	622	option to renew for an additional term of up to fifty (50) years. 24
623	623	(ii) The lessor of the lease, at any time, for cause, may by express act cancel and annul any 25
624	624	lease previously made to the riparian owner when it determines that the use of the lands is violating 26
625	625	the terms of the lease or is inconsistent with the public trust, and upon cancellation the lands, and 27
626	626	rights in the land so leased, shall revert to the state. 28
627	627	(8) “Marinas” as defined in the coastal resources management program in effect as of June 29
628	628	1, 1997, are deemed to be one of the uses consistent with the public trust. Subdivision (7) is not 30
629	629	applicable to: 31
630	630	(i) Any riparian owner on tidal waters in this state (and any successor in interest to the 32
631	631	owner) which has an assent issued by the council department to use any land under water in front 33
632	632	of his or her lands as a marina, which assent was in effect on June 1, 1997; 34
633	633
634	634
635	635	LC001019 - Page 18 of 34
636	636	(ii) Any alteration, expansion, or other activity at a marina (and any successor in interest) 1
637	637	which has an assent issued by the council, which assent was in effect on June 1, 1997; and 2
638	638	(iii) Any renewal of assent to a marina (or successor in interest), which assent was issued 3
639	639	by the council and in effect on June 1, 1997. 4
640	640	(9) “Recreational boating facilities” including marinas, launching ramps, and recreational 5
641	641	mooring areas, as defined by and properly permitted by the council department, are deemed to be 6
642	642	one of the uses consistent with the public trust. Subdivision (7) is not applicable to: 7
643	643	(i) Any riparian owner on tidal waters in this state (and any successor in interest to the 8
644	644	owner) which has an assent issued by the council to use any land under water in front of his or her 9
645	645	lands as a recreational boating facility; any alteration, expansion or other activity at a recreational 10
646	646	boating facility (and any successor in interest) which has an assent issued by the council, which 11
647	647	assent was in effect as of June 1, 1997; and 12
648	648	(ii) Any renewal of assent to a recreational boating facility (or successor in interest), which 13
649	649	assent was issued by the council and in effect on June 1, 1997. 14
650	650	46-23-6.1. Newport “cliff walk” — Public right-of-way — Legal studies. 15
651	651	The council department is hereby directed to carry out any and all legal studies which it 16
652	652	shall deem necessary in order to designate the Newport “cliff walk”, so called, as a public right-of-17
653	653	way pursuant to § 46-23-6(5). 18
654	654	46-23-6.2. Abandonment of rights-of-way. 19
655	655	No city or town shall abandon a right-of-way designated as such by the council department 20
656	656	unless the council department approved the abandonment. 21
657	657	46-23-7. Violations. 22
658	658	(a)(1) In any instances wherein there is a violation of the coastal resources management 23
659	659	program, or a violation of regulations or decisions of the council department, the commissioner of 24
660	660	coastal resources management director shall have the power to order any person to cease and desist 25
661	661	or to remedy any violation of any provisions of this chapter, or any rule, regulation, assent, order, 26
662	662	or decision of the council department whenever the commissioner of coastal resources management 27
663	663	director shall have reasonable grounds to believe that such violation has occurred. 28
664	664	(2) Council Department staff, conservation officers within the department of 29
665	665	environmental management, and state and municipal police shall be empowered to issue written 30
666	666	cease and desist orders in any instance where activity is being conducted which constitutes a 31
667	667	violation of any provisions of this chapter, or any rule, regulation, assent, order, or decision of the 32
668	668	council department. 33
669	669	(3) Conservation officers within the department of environmental management, council 34
670	670
671	671
672	672	LC001019 - Page 19 of 34
673	673	department staff, and state and municipal police shall have authority to apply to a court of 1
674	674	competent jurisdiction for a warrant to enter on private land to investigate possible violations of 2
675	675	this chapter; provided, that they have reasonable grounds to believe that a violation has been 3
676	676	committed, is being committed, or is about to be committed. 4
677	677	(b) Any order or notice issued pursuant to subsection (a) shall be eligible for recordation 5
678	678	under chapter 13 of title 34, and shall be recorded in the land evidence records in the city/town 6
679	679	wherein the property subject to the order is located, and any subsequent transferee of the property 7
680	680	shall be responsible for complying with the requirements of the order and notice. 8
681	681	(c) The coastal resources management council department shall discharge of record any 9
682	682	notice filed pursuant to subsection (b) within thirty (30) days after the violation has been remedied. 10
683	683	46-23-7.1. Administrative penalties. 11
684	684	Any person who violates, or refuses or fails to obey, any notice or order issued pursuant to 12
685	685	§ 46-23-7(a); or any assent, order, or decision of the council department, may be assessed an 13
686	686	administrative penalty by the chairperson or executive director in accordance with the following: 14
687	687	(1) The chairperson or executive director is authorized to assess an administrative penalty 15
688	688	of not more than ten thousand dollars ($10,000) for each violation of this section, and is authorized 16
689	689	to assess additional penalties of not more than one thousand ($1,000) for each day during which 17
690	690	this violation continues after receipt of a cease-and-desist order from the council department 18
691	691	pursuant to § 46-23-7(a), but in no event shall the penalties in aggregate exceed fifty thousand 19
692	692	dollars ($50,000). Prior to the assessment of a penalty under this subdivision, the property owner 20
693	693	or person committing the violation shall be notified by certified mail or personal service that a 21
694	694	penalty is being assessed. The notice shall include a reference to the section of the law, rule, 22
695	695	regulation, assent, order, or permit condition violated; a concise statement of the facts alleged to 23
696	696	constitute the violation; a statement of the amount of the administrative penalty assessed; and a 24
697	697	statement of the party’s right to an administrative hearing. 25
698	698	(2) The party shall have twenty-one (21) days from receipt of the notice within which to 26
699	699	deliver to the council department a written request for a hearing. This request shall specify in detail 27
700	700	the statements contested by the party. The executive director shall designate a person to act as 28
701	701	hearing officer. If no hearing is requested, then after the expiration of the twenty-one (21) day 29
702	702	period, the council department shall issue a final order assessing the penalty specified in the notice. 30
703	703	The penalty is due when the final order is issued. If the party shall request a hearing, any additional 31
704	704	daily penalty shall not commence to accrue until the council department issues a final order. 32
705	705	(3) If a violation is found to have occurred, the council department may issue a final order 33
706	706	assessing not more than the amount of the penalty specified in the notice. The penalty is due when 34
707	707
708	708
709	709	LC001019 - Page 20 of 34
710	710	the final order is issued. 1
711	711	(4) The party may within thirty (30) days appeal the final order, of fine assessed by the 2
712	712	council department to the superior court which shall hear the assessment of the fine de novo. 3
713	713	46-23-7.2. Proceedings for enforcement. 4
714	714	The superior court shall have jurisdiction to enforce the provisions of this chapter, the 5
715	715	coastal resource management program, or any rule, regulation, assent, or order issued pursuant 6
716	716	thereto. Proceedings under this section may follow the course of equity, and shall be instituted and 7
717	717	prosecuted in the name of and at the direction of the chairperson and council director by the attorney 8
718	718	general or counsel designated by the council director. Proceedings provided in this section shall be 9
719	719	in addition to, and may be utilized in lieu of, other administrative or judicial proceedings authorized 10
720	720	by this chapter. 11
721	721	46-23-7.4. Penalty for blocking or posting of rights-of-way. 12
722	722	Any person who shall post or block any tidal water, public right-of-way, as designated by 13
723	723	the council department, shall be punished by a fine not exceeding one thousand dollars ($1,000) or 14
724	724	by imprisonment for not more than three (3) months or both; and each day the posting or blocking 15
725	725	continues or is repeated shall be deemed a separate offense. The chairperson of the council, through 16
726	726	council’s legal counsel director or the attorney general, may apply to any court of competent 17
727	727	jurisdiction for an injunction to prevent the unlawful posting or blocking of any tidal water, public 18
728	728	right-of-way. 19
729	729	46-23-7.5. Prosecution of criminal violations. 20
730	730	The chairperson and anyone designated by the chairperson director, without being required 21
731	731	to enter into any recognizance or to give surety for cost, may institute proceedings in the name of 22
732	732	the state. It shall be the duty of the attorney general and/or the solicitor of the city or town in which 23
733	733	the alleged violation has occurred to conduct the prosecution of all the proceedings. The 24
734	734	chairperson director may delegate his or her authority to bring prosecution by complaint and 25
735	735	warrant to any law enforcement officials authorized by law to bring complaints for the issuance of 26
736	736	search or arrest warrants pursuant to chapters 5 and 6 of title 12. 27
737	737	46-23-8. Gifts, grants, and donations. 28
738	738	The council department is authorized to receive any gifts, grants, or donations made for 29
739	739	any of the purposes of its program, which shall be deposited as general revenues, and to disburse 30
740	740	and administer the gifts, grants, or donations amounts appropriated in accordance with the terms 31
741	741	thereof. The council department is authorized to receive any sums provided by an applicant for use 32
742	742	by the council department in its hearing process, which shall be deposited as general revenues, and 33
743	743	to disburse and administer the general revenue amounts appropriated in accordance with the rules 34
744	744
745	745
746	746	LC001019 - Page 21 of 34
747	747	and regulations promulgated by the council department. 1
748	748	46-23-9. Subpoena. 2
749	749	The council department is hereby authorized and empowered to summon witnesses and 3
750	750	issue subpoenas in substantially the following form: 4
751	751	Sc. 5
752	752	To _______________________ of __________________________ greeting: 6
753	753	You are hereby required, in the name of the state of Rhode Island, to make your appearance 7
754	754	before the commission on _______________________ department of coastal resources in the 8
755	755	________________________ city of _____________________ on the ____________________ 9
756	756	day of ___________________ to give evidence of what you know relative to a matter upon 10
757	757	investigation by the commission on ______________________________ department of coastal 11
758	758	resources and produce and then and there have and give the following: 12
759	759	Hereof fail not, as you will answer to default under the penalty of the law in that behalf 13
760	760	made and provided. 14
761	761	Dated at ________________ the ________________ day of ________________ in the 15
762	762	year _____________ 16
763	763	46-23-10. Cooperation of departments. 17
764	764	All other departments and agencies and bodies of state government are hereby authorized 18
765	765	and directed to cooperate with and furnish such information as the council department shall require. 19
766	766	46-23-11. Rules and regulations. 20
767	767	The rules and regulations promulgated by the council department shall be subject to the 21
768	768	Administrative Procedures Act ("chapter 35 of title 42"). 22
769	769	46-23-13. Application and hearing fees. 23
770	770	The council department shall be authorized to establish reasonable fees for applications 24
771	771	and hearings. All fees collected by the council department, including fees collected for leases, shall 25
772	772	be deposited as general revenues. The state controller is hereby authorized and directed to draw his 26
773	773	or her orders upon the general treasurer for payment of such sum or sums as may be necessary from 27
774	774	time to time and upon receipt by him or her of duly authenticated vouchers presented by the 28
775	775	commissioner of coastal resources management director. 29
776	776	46-23-14. Expert testimony. 30
777	777	The council department shall be authorized to engage its own expert and outside 31
778	778	consultants, and the council department shall be empowered to use that testimony in making its 32
779	779	decisions. 33
780	780	46-23-15. Federal grants and interstate cooperation. 34
781	781
782	782
783	783	LC001019 - Page 22 of 34
784	784	The council department is authorized to accept any federal grants. It is further given the 1
785	785	power to administer land and water use regulations as necessary to fulfill their responsibilities under 2
786	786	the Federal Coastal Zone Management Act, 16 U.S.C. § 1451 et seq., and to acquire fee simple and 3
787	787	less than fee simple interests under any federal or state program. The council department is 4
788	788	authorized to coordinate and cooperate with other states in furtherance of its purposes. The council 5
789	789	department may expend those grants and appropriations. The coastal resources management 6
790	790	council department for the purposes of the federal Coastal Zone Management Act, 16 U.S.C. § 7
791	791	1451 et seq., is the coastal zone agency under §§ 301 through 313 and §§ 318 and 6217 of said act. 8
792	792	46-23-15.1. Coordination of harbor safety and enforcement patrols. 9
793	793	Coastal municipalities which share a common boundary along their public waters may 10
794	794	enter into a binding memorandum of agreement allowing for harbormasters and other officials 11
795	795	charged with enforcement of harbor management plan harbor ordinances from one coastal 12
796	796	municipality to enforce the harbor ordinances of the bordering coastal municipality upon the public 13
797	797	waters of the bordering coastal municipality when the coastal municipalities have harbor 14
798	798	management plans approved by the coastal resources management council department and the 15
799	799	memorandum of agreement is approved by the respective town or city councils. This binding 16
800	800	memorandum of agreement shall specify how each coastal municipality is to receive any fines 17
801	801	collected under this reciprocal enforcement agreement and the jurisdiction in which any disputes 18
802	802	arising out of this reciprocal enforcement agreement shall be litigated. 19
803	803	46-23-16. Length of permits, licenses, and easements. 20
804	804	The council department is authorized to grant permits, licenses, and easements for any term 21
805	805	of years or in perpetuity. Permits, licenses, or easements which are issued by the council department 22
806	806	for the filling of the submerged or submersible lands of the state of Rhode Island remain subject to 23
807	807	the public trust, and no title is conveyed by such documents. All such permits, licenses, and 24
808	808	easements shall clearly state that no title is being conveyed. Permits, licenses or easements issued 25
809	809	by the council department are valid only with the conditions and stipulation under which they are 26
810	810	granted and imply no guarantee of renewal. The initial application or an application for renewal 27
811	811	may be subject to denial or modification. If an application is granted, said permit, license and 28
812	812	easement may be subject to revocation and/or modification for failure to comply with the conditions 29
813	813	and stipulations under which the same was issued or for other good cause. The division of coastal 30
814	814	resources of the department of environmental management shall transfer all of the records and files 31
815	815	of the former division of harbours and rivers to the council department. 32
816	816	46-23-18. Prohibited activities. 33
817	817	(a) No person, either as principal, agent or servant nor any firm, corporation, or any other 34
818	818
819	819
820	820	LC001019 - Page 23 of 34
821	821	entity shall, without a permit issued by the coastal resources management council department, 1
822	822	construct a marina within two thousand feet (2000′) of a shellfish management area as defined by 2
823	823	rules and regulations of the department of environmental management. Such permit shall include 3
824	824	any permit required under subsection (b). 4
825	825	(b) No person, either as principal, agent, or servant, or any firm, corporation or any other 5
826	826	entity, shall, within the tidal waters of the state, conduct or cause to conduct dredging, 6
827	827	transportation and/or disposal of dredge materials without a permit issued by the coastal resources 7
828	828	management council department, a water quality certification issued by the department of 8
829	829	environmental management pursuant to chapter 12 of this title and any permit required by the army 9
830	830	corps of engineers. In addition, no person, either as principal, agent, or servant, nor any firm, 10
831	831	corporation or any other entity, shall dispose of dredge materials other than in tidal waters without 11
832	832	any permit, approval or certification that may otherwise be required. 12
833	833	46-23-18.1. Permitting. 13
834	834	(a) Any person, either as principal, agent, or servant, or any firm, corporation or any other 14
835	835	entity desiring to conduct any activity or activities specified in § 46-23-18 shall file an application 15
836	836	for a permit with the coastal resources management council department upon forms furnished by 16
837	837	coastal resources management council the department. 17
838	838	(b) A hearing shall be held on the application within thirty (30) days of filing. 18
839	839	(c) The applicant shall bear the burden of proving that the activity or activities specified in 19
840	840	the application will cause no significant adverse impact upon the environment or natural resources 20
841	841	of the state, and the coastal resources management council department shall be empowered to deny 21
842	842	the application if the applicant does not demonstrate, in addition to other requirements of this 22
843	843	chapter, that the activity or activities will not: 23
844	844	(i) Significantly adversely affect any shellfish management area as designated by the 24
845	845	department of environmental management or the marine fisheries council; 25
846	846	(ii) Be in a significant conflict with the marine ecology within or adjacent to the state’s 26
847	847	territorial waters; or 27
848	848	(iii) Significantly harm or destroy existing fishing grounds. 28
849	849	(d) With respect to an application seeking a permit from the coastal resources management 29
850	850	council department to conduct or cause to conduct dredging, transportation and/or disposal of 30
851	851	dredge material, the applicant shall also satisfy the council department that the proposal in the 31
852	852	application is consistent with a comprehensive program developed pursuant to § 46-23-6(1)(ii)(H). 32
853	853	(e) In determining whether an applicant has met the burden of proof under subsection (c), 33
854	854	the coastal resources management council department shall apply standards that conform with the 34
855	855
856	856
857	857	LC001019 - Page 24 of 34
858	858	federal Environmental Protection Agency’s applicable standards and guidelines for the 1
859	859	management of dredge materials, including, but not limited to, the federal Environmental 2
860	860	Protection Agency’s rules, regulations and guidelines for deviating from said standards. 3
861	861	(f) The applicant shall, at least three (3) days before commencing any dredging, give 4
862	862	written notice to the coastal resources management council department of the intent to commence 5
863	863	the activities specified in the permit. 6
864	864	46-23-18.2. Rules and regulations. 7
865	865	The council, upon recommendation by the coastal resources advisory committee, 8
866	866	department shall issue and maintain reasonable rules and regulations governing the dredging, 9
867	867	transporting and disposal of all dredge materials in accordance with this chapter. 10
868	868	46-23-18.3. Sites for disposal of spoil from dredge operations, selection. 11
869	869	(a) The council department, upon recommendation of the coastal resources community 12
870	870	advisory committee, on or before the first day of January, 1999 and periodically thereafter as 13
871	871	necessary, shall and consistent with the comprehensive programs required in § 46-23-6(1)(ii)(H), 14
872	872	shall identify and establish one or more in-water disposal sites to be used for the purpose of disposal 15
873	873	of dredge materials from marinas and yacht clubs. 16
874	874	(b) The council department, upon recommendation of the coastal resources advisory 17
875	875	committee, on or before the first day of January, 2002 and periodically thereafter as necessary, shall 18
876	876	consistent with the comprehensive programs required in § 46-23-6(1)(ii)(H) identify and establish 19
877	877	one or more in-water disposal sites to be used for the purpose of disposal of dredge materials from 20
878	878	all sources not otherwise delineated in (a) above. 21
879	879	46-23-18.4. Enforcement. 22
880	880	The provisions of §§ 46-23-18 through 46-23-18.3 this chapter shall be enforced by the 23
881	881	coastal resources management council department. Nothing herein shall be deemed to abrogate the 24
882	882	department of environmental management’s authority to enforce its water quality standards adopted 25
883	883	pursuant to § 46-12-3(7) or (24). 26
884	884	46-23-18.5. Fees for disposal. 27
885	885	The council department is authorized to impose a fee of not less than eleven dollars and 28
886	886	sixty-five cents ($11.65) per cubic yard for the disposal of dredge materials at the sites established 29
887	887	by the council department pursuant to § 46-23-18.3, with eleven dollars and sixty-five cents 30
888	888	($11.65) being deposited into the general fund. The amount of the fee established by the council 31
889	889	department pursuant to the section shall be reviewed by the council department on an annual basis 32
890	890	and revised as the council department deems necessary, but in no event shall the fee be set at an 33
891	891	amount less than eleven dollars and sixty-five cents ($11.65) per cubic yard of material. 34
892	892
893	893
894	894	LC001019 - Page 25 of 34
895	895	46-23-18.6. Coastal Resources Management Council Dredge Fund. 1
896	896	There is hereby created a separate fund to be held by the coastal resources management 2
897	897	council department to be known as the dredge fund. Any amount charged above the eleven dollars 3
898	898	and sixty-five cents ($11.65) must be deposited into the fund and shall not be deposited into the 4
899	899	general fund of the state, but shall be kept by the general treasurer of the state in a separate fund 5
900	900	for the coastal resources management council department, and shall be paid out by the treasurer 6
901	901	upon the order of the council director, without the necessity of appropriation or re-appropriation by 7
902	902	the general assembly. Funds must be used to create additional dredging and disposal options. 8
903	903	46-23-20. Administrative hearings. 9
904	904	All contested cases, all contested enforcement proceedings, and all contested 10
905	905	administrative fines shall be heard by the administrative hearing officers, or by subcommittees as 11
906	906	provided in § 46-23-20.1, pursuant to the regulations promulgated by the council department; 12
907	907	provided, however, that no proceeding and hearing prior to the appointment of the hearing officers 13
908	908	shall be subject to the provisions of this section. Notwithstanding the foregoing, the commissioner 14
909	909	of coastal resources management director shall be authorized, in his or her the director's discretion, 15
910	910	to resolve contested licensing and enforcement proceedings through informal disposition pursuant 16
911	911	to regulations promulgated by the council department. 17
912	912	46-23-20.1. Hearing officers — Appointment — Compensation — Subcommittee. 18
913	913	Hearing officers -- Appointment -- Compensation. 19
914	914	(a) The governor, with the advice and consent of the senate, shall appoint two (2) hearing 20
915	915	officers at least one hearing officer who shall be attorneys-at-law an attorney-at-law, who, prior to 21
916	916	their appointment, shall have practiced law for a period of not less than five (5) years for a term of 22
917	917	five (5) years; provided, however, if more than one hearing officer is to be appointed, that the initial 23
918	918	appointments shall be as follows: one hearing officer shall be appointed for a term of three (3) years 24
919	919	and one hearing officer , if additional hearing officers are appointed, they shall each be appointed 25
920	920	for a term of five (5) years. The appointees shall be addressed as hearing officers. 26
921	921	(b) The governor shall designate one of the hearing officers as chief hearing officer. The 27
922	922	hearing officers shall hear proceedings as provided by this section, and the council department, 28
923	923	with the assistance of the chief hearing officer, may shall promulgate such rules and regulations as 29
924	924	shall be necessary or desirable and consistent with the department of environmental management 30
925	925	administrative adjudication regulation to effect the purposes of this section. 31
926	926	(c) A hearing officer shall be devoted full time to these administrative duties, and shall not 32
927	927	otherwise practice law while holding office nor be a partner nor an associate of any person in the 33
928	928	practice of law. 34
929	929
930	930
931	931	LC001019 - Page 26 of 34
932	932	(d) Compensation for hearing officers shall be determined by the unclassified pay board. 1
933	933	(e) Whenever the chairperson of the coastal resources management council or, in the 2
934	934	absence of the chairperson, the commissioner of coastal resources makes a finding that the hearing 3
935	935	officers are otherwise engaged and unable to hear a matter in a timely fashion, he or she may 4
936	936	appoint a subcommittee which will act as hearing officers in any contested case coming before the 5
937	937	council. The subcommittee shall consist of at least one member; provided, however, that in all 6
938	938	contested cases an additional member shall be a resident of the coastal community affected. The 7
939	939	city or town council of each coastal community shall, at the beginning of its term of office, appoint 8
940	940	a resident of that city or town to serve as an alternate member of the aforesaid subcommittee should 9
941	941	there be no existing member of the coastal resources management council from that city or town 10
942	942	available to serve on the subcommittee. Any member of the subcommittee actively engaged in 11
943	943	hearing a case shall continue to hear the case, even though his or her term may have expired, until 12
944	944	the case is concluded and a vote taken thereon. Hearings before subcommittees shall be subject to 13
945	945	all rules of practice and procedure as govern hearings before hearing officers. Notwithstanding any 14
946	946	other law to the contrary, if a hearing officer is not appointed, confirmed and engaged within sixty 15
947	947	(60) days of the effective date of this section, or the position of hearing officer is vacant for more 16
948	948	than sixty (60) days, the director shall hire a hearing officer, who shall be in the unclassified service, 17
949	949	for a term of five (5) years and shall meet the requirements set forth in subsections (c) and (d) of 18
950	950	this section. 19
951	951	(f) If at least one hearing officer has been appointed, confirmed and engaged or hired by 20
952	952	the director and is unable to hear a matter in a timely manner as required by law, the director may 21
953	953	hire a hearing officer employed by the state in such capacity, who shall have practiced law for a 22
954	954	period of not less than five (5) years and meets the requirements set forth in subsection (c) of this 23
955	955	section to adjudicate pending contested cases. 24
956	956	46-23-20.2. Clerk. 25
957	957	The commissioner of coastal resources director or his or her designee shall serve as clerk 26
958	958	to the hearing officers. The clerk shall have general charge of the office, keep a full record of 27
959	959	proceedings, file and preserve all documents and papers, prepare such papers and notices as may 28
960	960	be required, and perform such other duties as required. The commissioner director shall have the 29
961	961	power to issue subpoenas for witnesses and documents and to administer oaths in all cases before 30
962	962	any hearing officer or pertaining to the duties of his or her office. 31
963	963	46-23-20.3. Prehearing procedure. 32
964	964	(a) Prior to the commencement of any hearing, the hearing officer may in his or her 33
965	965	discretion direct the parties or their attorneys to appear before him or her for such conferences as 34
966	966
967	967
968	968	LC001019 - Page 27 of 34
969	969	shall be necessary. At the conferences, the hearing officer may order any party to file, prior to the 1
970	970	commencement of any formal hearing, exhibits that the party intends to use in the hearing, and the 2
971	971	names and addresses of witnesses that the party intends to produce in its direct case, together with 3
972	972	a short statement of the testimony of each witness. Following entry of an order, a party shall not be 4
973	973	permitted, except in the discretion of the hearing officer, to introduce into evidence, in the party’s 5
974	974	direct case, exhibits which are not filed in accordance with the order. At the conference, the hearing 6
975	975	officer may designate a date before which he or she requires any party to specify what issues are 7
976	976	conceded, and further proof of conceded issues shall not be required. The hearing officer shall also 8
977	977	require the parties to simplify the issues, to consider admissions of fact and of documents which 9
978	978	will avoid unnecessary proof, and to limit the number of expert witnesses. The hearing officer shall 10
979	979	enter an order reciting the concessions and agreements made by the parties, and shall enter an order 11
980	980	on such other matters as are pertinent to the conduct of the hearing, and unless modified, the hearing 12
981	981	shall be conducted by the order. 13
982	982	(b) The hearing officer may also order the parties to file, prior to the commencement of 14
983	983	any hearing, the testimony of any or all of their respective witnesses, and to submit the testimony 15
984	984	to the hearing officer and the opposing party or the opposing counsel by such date as the hearing 16
985	985	officer shall determine. The witness shall testify under oath, and all of the testimony shall be in a 17
986	986	question and answer format. Save for good cause shown, said testimony shall be the direct 18
987	987	examination of the witness; provided, however, that the witness shall be available at the hearing 19
988	988	for cross-examination by the opposing party or opposing counsel. 20
989	989	(c) The council department, with the assistance of the chief hearing officer, shall 21
990	990	promulgate, by regulation, such other prehearing procedures and/or hearing procedures as deemed 22
991	991	necessary, including the use of portions of the superior court civil rules of discovery where such 23
992	992	are not inconsistent with the applicable provisions of the Administrative Procedures Act, chapter 24
993	993	35 of title 42. 25
994	994	46-23-20.4. Hearings — Orders. 26
995	995	(a) Subject to the provisions of this chapter, every hearing for the adjudication of a violation 27
996	996	or for a contested matter shall be held before a hearing officer or a subcommittee. The If more than 28
997	997	one hearing officer is appointed, the chief hearing officer shall assign a hearing officer to each 29
998	998	matter not assigned to a subcommittee. After due consideration of the evidence and arguments, the 30
999	999	hearing officer shall make written proposed findings of fact and proposed conclusions of law which 31
1000	1000	shall be made public when submitted to the council department for review. The council director 32
1001	1001	may, in its their discretion, adopt, modify, or reject the findings of fact and/or conclusions of law; 33
1002	1002	provided, however, that any modification or rejection of the proposed findings of fact or 34
1003	1003
1004	1004
1005	1005	LC001019 - Page 28 of 34
1006	1006	conclusions of law shall be in writing and shall state the rationales therefor. 1
1007	1007	(b) The director of the department of environmental management and the coastal resources 2
1008	1008	management council director shall promulgate such rules and regulations, not inconsistent with 3
1009	1009	law, as to assure uniformity of proceedings as applicable. 4
1010	1010	46-23-20.5. Ex parte consultations. 5
1011	1011	Council members The department shall have no communication directly or indirectly, with 6
1012	1012	a hearing officer relating to any issue of fact or of law on any matter then pending before the hearing 7
1013	1013	officer. 8
1014	1014	46-23-20.6. Oaths — Subpoenas — Powers of hearing officers. 9
1015	1015	The hearing officers are hereby severally authorized and empowered to administer oaths, 10
1016	1016	and the hearing officers, in all cases of every nature pending before them, are hereby authorized 11
1017	1017	and empowered to summon and examine witnesses and to compel the production and examination 12
1018	1018	of papers, books, accounts, documents, records, certificates and other legal evidence that may be 13
1019	1019	necessary or proper for the determination and decision of any question before or the discharge of 14
1020	1020	any duty required by law of the hearing officer. All subpoenas and subpoena duces tecum shall be 15
1021	1021	signed by a hearing officer or the commissioner of coastal resources director, and shall be served 16
1022	1022	as subpoenas are served in civil cases in the superior court; and witnesses so subpoenaed shall be 17
1023	1023	entitled to the same fees for attendance and travel as are provided for witnesses in civil cases in the 18
1024	1024	superior court. In cases of contumacy or refusal to obey the command of the subpoena so issued, 19
1025	1025	the superior court shall have jurisdiction upon application of the council department with proof by 20
1026	1026	affidavit of the fact, to issue a rule or order returnable, in not less than two (2) nor more than five 21
1027	1027	(5) days, directing the person to show cause why he or she should not be adjudged in contempt. 22
1028	1028	Upon return of such order, the justice, before whom the matter is brought for hearing, shall examine 23
1029	1029	under oath the person, and the person shall be given an opportunity to be heard, and if the justice 24
1030	1030	shall determine that the person has refused without reasonable cause or legal excuse to be examined 25
1031	1031	or to answer legal or pertinent questions, he or she may impose a fine upon the offender or forthwith 26
1032	1032	commit the offender to the adult correctional institutions, there to remain until he or she submits to 27
1033	1033	do the act which he or she was so required to do, or is discharged according to law. 28
1034	1034	46-23-21. Notice of permit — Recordation. 29
1035	1035	A notice of permit shall be eligible for recordation under chapter 13 of title 34 as 30
1036	1036	determined by the executive director, and shall be recorded at the expense of the applicant in the 31
1037	1037	land evidence records of the city or town where the property subject to permit is located, and any 32
1038	1038	subsequent transferee of the property shall be responsible for complying with the terms and 33
1039	1039	conditions of the permit. The clerk of the various cities and towns shall record any orders, findings, 34
1040	1040
1041	1041
1042	1042	LC001019 - Page 29 of 34
1043	1043	or decisions of the council department at no expense to the council department. 1
1044	1044	46-23-22. Solid waste disposal licenses — Hearings. 2
1045	1045	The chairperson of the coastal resources management council director and the 3
1046	1046	commissioner of the environmental protection branch director of the department of environmental 4
1047	1047	management shall coordinate concurrent hearings on solid waste disposal license applications; 5
1048	1048	provided, however, that the chairperson director and the commissioner of the environmental 6
1049	1049	protection branch director of the department of environmental management may designate a 7
1050	1050	hearing officer or subcommittee to hear all matters pertaining to the application and; provided 8
1051	1051	further, that the hearing officer may be from the department of environmental management, the 9
1052	1052	coastal resources management council hearing officer, a subcommittee department, or an ad hoc 10
1053	1053	hearing officer. The commissioner of coastal resources management with the approval of the 11
1054	1054	chairperson director may waive jurisdiction in those instances where the commissioner director 12
1055	1055	finds that there is no substantive coastal resources issue or that another agency or branch has 13
1056	1056	adjudicated or addressed the issue. 14
1057	1057	46-23-23. Municipal comprehension plan consideration. 15
1058	1058	The coastal resources management council department shall conform to the requirements 16
1059	1059	of the Comprehensive Planning and Land Use Regulation Act, § 45-22.2. 17
1060	1060	46-23-24. Lien on property. 18
1061	1061	The executive director may record the notice of fee or final order of fine as a lien on the 19
1062	1062	subject property in the land evidence records of the town or city in which said property is located. 20
1063	1063	Recordation of said fee or final order of fine shall be the only manner by which said lien may be 21
1064	1064	perfected against the subject property. 22
1065	1065	46-23-25. Issuance of beach vehicle registration permits. 23
1066	1066	(a) The coastal resources management council department may issue beach vehicle 24
1067	1067	registration permits in accordance with § 31-8-1.1 of the general laws and adopt regulations that 25
1068	1068	the council department deems necessary to carry out the provisions of this section. The council 26
1069	1069	department may appoint responsible citizens or corporations of the state, engaged in operating 27
1070	1070	sporting goods stores to act as agents with authority to issue permits in the manner and under the 28
1071	1071	conditions as set forth below. Before an appointment shall occur, that citizen or corporation of the 29
1072	1072	state shall deliver to the council department a bond with a surety company authorized to do business 30
1073	1073	in the state of Rhode Island. The requirements and conditions of the bond shall be established by 31
1074	1074	the regulations. 32
1075	1075	(b) Any person or corporation appointed by the council department as provided in section 33
1076	1076	(a) above shall, upon the application of any person entitled to receive a permit under this chapter 34
1077	1077
1078	1078
1079	1079	LC001019 - Page 30 of 34
1080	1080	and upon payment of the specified permit fee, register and issue to the person a beach vehicle 1
1081	1081	registration permit in the form prescribed and furnished by the council department. The permit shall 2
1082	1082	bear the name, place of residence, and signature of the registrant, and the vehicle make, model, 3
1083	1083	year, and license plate number and shall authorize the registrant to own and operate a beach vehicle 4
1084	1084	in the state of Rhode Island during those seasons and in those manners and according to those 5
1085	1085	conditions as shall be provided by regulations established by the council department. 6
1086	1086	46-23-26. The public’s rights and privileges of the shore. 7
1087	1087	(a) The public’s rights and privileges of the shore are established by Article I, Sections 16 8
1088	1088	and 17 of the Rhode Island Constitution. 9
1089	1089	(b) For purposes of this chapter, the “recognizable high tide line” means a line or mark left 10
1090	1090	upon tidal flats, beaches, or along shore objects that indicates the intersection of the land with the 11
1091	1091	water’s surface level at the maximum height reached by a rising tide. The recognizable high tide 12
1092	1092	line may be determined by a line of seaweed, oil or scum along shore objects, a more or less 13
1093	1093	continuous deposit of fine shell or debris on the foreshore or berm, other physical markings or 14
1094	1094	characteristics, or other suitable means that delineate the general height reached by the water’s 15
1095	1095	surface level at a rising tide. If there is more than one line of seaweed, oil, scum, fine shell, or 16
1096	1096	debris, then the recognizable high tide line means the most seaward line. In the absence of residue 17
1097	1097	seaweed or other evidence, the recognizable high tide line means the wet line on a sandy or rocky 18
1098	1098	beach. The line encompasses the water’s surface level at spring high tides and other high tides that 19
1099	1099	occur with periodic frequency, but does not include the water’s surface level at storm surges in 20
1100	1100	which there is a departure from the normal or predicted reach of the water’s surface level due to 21
1101	1101	the piling up of water against a coast by strong winds, such as those accompanying a hurricane or 22
1102	1102	other intense storms. 23
1103	1103	(c) Notwithstanding any provision of the general laws to the contrary, the public’s rights 24
1104	1104	and privileges of the shore may be exercised, where shore exists, on wet sand or dry sand or rocky 25
1105	1105	beach, up to ten feet (10′) landward of the recognizable high tide line; provided, however, that the 26
1106	1106	public’s rights and privileges of the shore shall not be afforded where no passable shore exists, nor 27
1107	1107	on land above the vegetation line, or on lawns, rocky cliffs, sea walls, or other legally constructed 28
1108	1108	shoreline infrastructure. Further, no entitlement is hereby created for the public to use amenities 29
1109	1109	privately owned by other persons or entities, including, but not limited to: cabanas, decks, and 30
1110	1110	beach chairs. 31
1111	1111	(d) Any landowner whose property abuts the shore shall, with respect to the public’s 32
1112	1112	exercise of rights and privileges of the shore as defined in this chapter, be afforded the liability 33
1113	1113	limitations pursuant to chapter 6 of title 32. 34
1114	1114
1115	1115
1116	1116	LC001019 - Page 31 of 34
1117	1117	(e) The coastal resources management council (CRMC) department in collaboration with 1
1118	1118	the department of environmental management (DEM), shall develop and disseminate information 2
1119	1119	to educate the public and property owners about the rights set out in this section. 3
1120	1120	(f) The CRMC department in collaboration with the DEM, and the attorney general, shall 4
1121	1121	determine appropriate language and signage details for use at shoreline locations. 5
1122	1122	SECTION 3. Chapter 46-23 of the General Laws entitled "Coastal Resources Management 6
1123	1123	Council" is hereby amended by adding thereto the following sections: 7
1124	1124	46-23-27. Severability. 8
1125	1125	If any provision of this chapter or the application thereof to any person or circumstances is 9
1126	1126	held invalid, that invalidity shall not affect other provisions or applications of the chapter, which 10
1127	1127	can be given effect without the invalid provision or application, and to this end the provisions of 11
1128	1128	this chapter are declared to be severable. 12
1129	1129	46-23-28. Effective date. 13
1130	1130	(a) Within thirty (30) business days of the date of passage of this act, the department shall 14
1131	1131	put out for notice and comment revisions of its coastal resources management program (referred to 15
1132	1132	as "red book") and management procedures in order to implement the programmatic changes from 16
1133	1133	the council to the department. 17
1134	1134	(b) Within seven (7) days of promulgation of the revised coastal resources management 18
1135	1135	program (referred to as "red book") and management procedures, the department shall submit a 19
1136	1136	coastal zone management act program change request to the National Oceanic and Atmospheric 20
1137	1137	Administration (NOAA) for the approval of the amendments to this statute and the management 21
1138	1138	procedures. The remaining sections of this statute shall take effect upon NOAA's approval. 22
1139	1139	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
1140	1140	Laws in Chapter 46-23 entitled "Coastal Resources Management Council" are hereby repealed. 24
1141	1141	46-23-2.1. Members — Term of office — Vacancies. 25
1142	1142	(a) The term of office of the appointed members shall be three (3) years, only so long as 26
1143	1143	the members shall remain eligible to serve on the council under the appointment authority. 27
1144	1144	(b) The members are eligible for successive appointments. 28
1145	1145	(c) Elected or appointed municipal officials shall hold seats on the council, only so long as 29
1146	1146	they remain in their elected or appointed office. 30
1147	1147	(d) A vacancy other than by expiration shall be filled in the manner of the original 31
1148	1148	appointment but only for the unexpired portion of the term. The governor shall have the power to 32
1149	1149	remove his or her appointee for just cause. 33
1150	1150	46-23-3. Oath of members. 34
1151	1151
1152	1152
1153	1153	LC001019 - Page 32 of 34
1154	1154	Each appointed member of the council, before entering upon his or her duties, shall take 1
1155	1155	an oath to administer the duties of his or her office faithfully and impartially, and the oath shall be 2
1156	1156	filed in the office of the secretary of state. 3
1157	1157	46-23-5. Expenses of members. 4
1158	1158	(a) The members of the council and the chairperson shall not be compensated for their 5
1159	1159	service on the board, but the members and chairperson shall be reimbursed for their actual expenses 6
1160	1160	necessarily incurred in the performance of their duties. 7
1161	1161	(b) [Deleted by P.L. 2005, ch. 117, art. 21, § 34.] 8
1162	1162	46-23-6.3. Tolling of expiration periods. 9
1163	1163	(a) Notwithstanding any other provision set forth in this chapter, all periods pertaining to 10
1164	1164	the expiration of any approval or permit issued pursuant to any state statute or any regulation 11
1165	1165	promulgated thereto pertaining to the development of property shall be tolled until June 30, 2016. 12
1166	1166	For the purposes of this section, “tolling” means the suspension or temporary stopping of the 13
1167	1167	running of the applicable permit or approval period. 14
1168	1168	(b) Said tolling need not be recorded in the land evidence records to be valid, however, a 15
1169	1169	notice of the tolling must be posted in the municipal planning department and near the land evidence 16
1170	1170	records. 17
1171	1171	(c) The tolling shall apply only to approvals or permits in effect on November 9, 2009, and 18
1172	1172	those issued between November 9, 2009, and June 30, 2016, and shall not revive expired approvals 19
1173	1173	or permits. 20
1174	1174	(d) The expiration dates for all permits and approvals issued before the tolling period began 21
1175	1175	will be recalculated as of July 1, 2016, by adding thereto the number of days between November 22
1176	1176	9, 2009, and the day on which the permit or approval would otherwise have expired. The expiration 23
1177	1177	dates for all permits and approvals issued during the tolling period will be recalculated as of July 24
1178	1178	1, 2016, by adding thereto the number of days between the day the permit or approval was issued 25
1179	1179	and the day the permit or approval otherwise would have expired. 26
1180	1180	46-23-12. Representation from coastal communities. 27
1181	1181	Upon the expiration of a term of a member appointed by the governor, as an appointed or 28
1182	1182	elected official of local government from a coastal municipality as set out in § 46-23-2, the governor 29
1183	1183	shall appoint an appointed or elected official of a coastal municipality which, at the time of the 30
1184	1184	governor’s appointment, has no appointed or ex officio representation on the council. 31
1185	1185
1186	1186
1187	1187	LC001019 - Page 33 of 34
1188	1188	SECTION 5. This act shall take effect upon passage. 1
1189	1189	========
1190	1190	LC001019
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1192	1192
1193	1193
1194	1194	LC001019 - Page 34 of 34
1195	1195	EXPLANATION
1196	1196	BY THE LEGISLATIVE COUNCIL
1197	1197	OF
1198	1198	A N A C T
1199	1199	RELATING TO WATERS AND NAVIGATION -- COASTAL RESOURCES MANAG EMENT
1200	1200	COUNCIL
1201	1201	***
1202	1202	This act would replace the coastal resources management council with a state department 1
1203	1203	of coastal resources and transfer all of the powers and duties between the two (2) authorities. 2
1204	1204	This act would take effect upon passage. 3
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1206	1206	LC001019
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1208	1208