A N A C T
RELATING TO WATERS AND NAVIGATION -- COASTAL RESOURCES MANAGEMENT COUNCIL
It is enacted by the General Assembly as follows:
SECTION 1. Section 46-5-1 of the General Laws in Chapter 46-5 entitled "Construction of Port Facilities" is hereby amended to read as follows:
46-5-1. Power to acquire land along tidewater. -- The department of environmental management is hereby authorized to acquire in fee simple from the state as authorized in section 46-5-1.1 or in the name of the state for the use and benefit of the public, by purchase or condemnation or by lease from time to time, any portion of real property, tide-flowed lands, plats, terms, easements, privileges, foreshore, riparian, and littoral rights of the owner or owners thereof, bordering on tidewater in the state and as much of the uplands adjacent thereto as the director of environmental management shall deem expedient.
SECTION 2. Chapter 46-5 of the General Laws entitled "Construction of Port Facilities" is hereby amended by adding thereto the following section:
46-5-1.1. Permission to conduct filling activity distinguished from grants of rights and property interest in the filled area. -- It is the policy of the State of Rhode Island that the state's permission to fill tidelands is separate and distinct from the state's granting of a right, title or interest in and to the resulting filled area. Furthermore, it is the policy of the State of Rhode Island that the state permission to use tidal lands is separate and distinct from the state's conveyance of its fee title estate, or any real estate interest, in such tidal lands. Any such title to a free hold estate may be conveyed only by a valid legislative grant for public trust purposes by direct enactment of the general assembly as specified in this chapter. Moreover, any leasehold interest, or license to use such lands, may only arise under the authority of the general assembly whether exercised by the general assembly itself or exercised pursuant to a valid delegation to a duly authorized instrumentality thereof. Any State permission to use tidal lands belonging to the state shall be deemed to create only a revocable license interest unless a greater interest is clearly intended by the permission and the requirements of this chapter for the creation of such greater interest are met. It is intended that there shall be no acquiring of any right or title whatsoever to these public lands by adverse possession or by a acquiescence of the sovereign. It is further intended that there shall be no acquiring of any right or title to any freehold estate to these public lands by any permit or approval to conduct fill activity, however denominated or manifested, or by any other means, including through the leasing and licensing of these public lands, except solely by grant and enactment of the general assembly as provided in this chapter for a use that benefits the public under the public trust doctrine. Without impairing any right, title or interest that may have previously vested, any placement of fill to a harbor line or other filling of tidal lands, which has not been commenced and completed as of the date of the enactment of this act shall not be effective as conveying the state's title nor as a limitation on the public trust. Nothing herein shall be construed to limit, impair, increase, or add to the ownership rights or title in any filled lands which vested prior to the enactment of this section.
46-5-1.2. State ownership of tidal lands grants of title to the same by the General Assembly; approval to fill required; General Assembly to set policy; harborlines repealed. -- (a) The state of Rhode Island, pursuant to the public trust doctrine long recognized in federal and Rhode Island state case law, and to article 1 section 17 of the constitution of Rhode Island as originally adopted and as subsequently amended, has historically maintained title in fee simple to all soil within its boundaries that lies below the high water mark and to any land resulting from any filling of any such tidal area, excepting such portions of tidal lands or filled tidal lands in respect to which the state has formally granted title in fee simple to private individuals or to which title has been otherwise acquired by private individuals by judicially recognized mechanisms prior to the effective date of this section. Subsequent to such effective date of this section, no title to any freehold estate in any such tidal land or filled land, can be acquired by any private individual unless the same is formally conveyed by explicit grant of the state by the general assembly for public trust purposes.
(b) Subsequent to such effective date of this section, no lease of any such tidal land or filled land, and no license to use any such land, can be acquired by any private individual or entity unless such lease or license has been specifically approved for public trust purposes by the general assembly itself or under the specific authority of the general assembly such as, but not limited to, the delegation of authority under chapter 46-23.
(c) No filling or dredging operation commenced or continued subsequent to the effective date hereof on tidal lands, whether or not title to such tidal land is held by the state pursuant to this section, may be conducted unless the individual or entity conducting such operation obtains and satisfies all appropriate and applicable regulatory authorizations and approvals. Therefore, nothing in this chapter shall be construed to limit or impair the authority of the state or, any duly established agency thereof, to regulate filling or dredging affecting tidal lands.
(d) The general assembly, by its enactments, establishes the and policies for the preservation, and in particular, for the use of natural resources of the state which are held in public trust by the state, as provided in Article 1, Section 17 of the Rhode Island State Constitution and in this chapter. The general assembly shall have the responsibility and the sole authority to arrive at, and define, by its enactment, a policy balance between or among the competing proposed uses or developments for tidal lands and the respective competing assertions concerning the public interests therein, and such determination shall be deemed to be, and be accepted as, the authoritative definition of the public interest in relation to the preservation and use of such tidal lands.
Nothing herein shall be deemed to repeal or limit any duly enacted delegation of regulatory or adjudicatory authority to any administrative agency of the state when exercised within statutory authority.
(e) Any prior enactment which creates a harborline is, to that extent, hereby repealed and all harborlines are abolished except that nothing herein shall destroy or impair any rights in previously filled land which may have already vested prior to the date of this enactment.
SECTION 3. Sections 46-23-1 and 46-23-6 of the General Laws in Chapter 46-23 entitled "Coastal Resources Management Council" are hereby amended to read as follows:
46-23-1. Legislative findings. -- (a)(1) Under article 1, section 17 of the Rhode Island State Constitution, the people shall continue to enjoy and freely exercise all the rights of fishery, and the privileges of the shore, to which they have been heretofore entitled under the charter and usages of this state, including but not limited to fishing from the shore, the gathering of seaweed, leaving the shore to swim in the sea and passage along the shore; and they shall be secure in their rights to use and enjoyment of the natural resources of the state with due regard for the preservation of their values; and it shall be the duty of the general assembly to provide for the conservation of the air, land, water, plant, animal, mineral and other natural resources of the state, and to adopt all means necessary and proper by law to protect the natural environment of the people of the state by providing adequate resource planning for the control and regulation of the use of the natural resources of the state and for the preservation, regeneration and restoration of the natural environment of the state. (2) The general assembly recognizes and declares that the coastal resources of Rhode Island, a rich variety of natural, commercial, industrial, recreational, and aesthetic assets, are of immediate and potential value to the present and future development of this state; that unplanned or poorly planned development of this basic natural environment has already damaged or destroyed, or has the potential of damaging or destroying, the state's coastal resources, and has restricted the most efficient and beneficial utilization of these resources; that it shall be the policy of this state to preserve, protect, develop, and, where possible, restore the coastal resources of the state for this and succeeding generations through comprehensive and coordinated long range planning and management designed to produce the maximum benefit for society from these coastal resources; and that preservation and restoration of ecological systems shall be the primary guiding principle upon which environmental alteration of coastal resources will be measured, judged, and regulated.
(b) That effective implementation of these policies is essential to the social and economic well-being of the people of Rhode Island because the sea and its adjacent lands are major sources of food and public recreation, because these resources are used by and for industry, transportation, waste disposal, and other purposes, and because the demands made on these resources are increasing in number, magnitude, and complexity; and that these policies are necessary to protect the public health, safety, and general welfare. Pursuant to 16 USC 1452 ("The Coastal Zone Management Act"), the General Assembly hereby directs the council (herein after referred to as "CRMC") to exercise effectively its responsibilities in the coastal zone through the development and implementation of management programs to achieve wise use of the land and water resources of the coastal zone.
Furthermore, that implementation of these policies is necessary in order to secure the rights of the people of Rhode Island to the use and enjoyment of the natural resources of the state with due regard for the preservation of their values, and in order to allow the general assembly to fulfill its duty to provide for the conservation of the air, land, water, plant, animal, mineral, and other natural resources of the state, and to adopt all means necessary and proper by law to protect the natural environment of the people of the state by providing adequate resource planning for the control and regulation of the use of the natural resources of the state and for the preservation, regeneration, and restoration of the natural environment of the state.
(c) That these policies can best be achieved through the creation of a coastal resources management council as the principal mechanism for management of the state's coastal resources.
(d) The general assembly recognizes and declares that maintenance dredging is required to remove natural silt accumulations; Rhode Island has not had a general maintenance dredging policy and programs for ports, port facilities, channels, harbors, public and private marinas and boating facilities, recreational facilities and habitat areas; other major coastal states have maintenance dredging policies and in-water maintenance dredge disposal sites; as a result of the lack of a general maintenance dredging policy and program and as a result there has been (i) a decrease in the depth of the Providence Channel from forty-four (44) feet in 1971 to twenty-four (24) feet in 1996; (ii) navigational restrictions on ocean going vessels through the state's waterways and channels; and (iii) a decrease in the number of available slips and moorings at marinas throughout the state; and the lack of a maintenance dredging policy and programs have significant adverse environmental and economic effects on the state and therefore it is in the best interest of the state, the cities and towns of the state, and the citizens thereof for the state to have a general maintenance dredging policy and programs to resolve issues related to dredge maintenance and disposal and avoid future significant direct and indirect adverse impact on the environment and economy of the state.
(e) The coastal resources management council is hereby designated as the lead state agency for purposes of dredging in tidal waters and as such shall have the following duties and responsibilities:
(1) To coordinate the interest of the state with regard to dredging;
(2) To formulate and adopt a state policy with regard to dredging which integrates those interests;
(3) To cooperate with, negotiate, and to enter into agreements on behalf of the state with the federal government and with other public bodies and private parties with regard to dredging;
(4) To act as the initial and primary point of contact for all applications to the state for dredging projects in tidal waters;
(5) To develop, prepare, adopt pursuant to section 46-23-11, implement, and maintain a comprehensive plan for dredge material management; and
(6) To cooperate and coordinate with the departments of environmental management, transportation, administration, and health, and the economic development corporation in the conduct of these duties and responsibilities.
(f) (1) The legislature recognizes that under Article I, section 17, the submerged lands of the state are impressed with a public trust and that the state is responsible for the protection of the public's interest in these lands. The state maintains title in fee to all soil within its boundaries that lies below the high water mark, and it holds such land in trust for the use of the public. In benefiting the public, the state preserves certain public rights which include but are not limited to fishery, commerce and navigation in these waters and the submerged lands that they cover.
(2) Since its establishment in 1971, the CRMC has had the authority to manage and plan for the preservation of the coastal resources of the state including but not limited to submerged lands. The legislature hereby declares that, in light of the unique size, scope and overall potential impact upon the environment of large scale filling projects involving twenty-five (25) acres or more, any lease of tidal lands, or any license to use such lands, shall be subject to approval, disapproval or conditional approval by the direct enactment of the general assembly by legislative action thereon. CRMC shall review all requests for leases, licenses to use such land, and other authority to use such land made by any applicant prior to presentation thereof to the general assembly, and the CRMC shall make recommendations thereon to the general assembly. With the exception of any and all projects to fill land of twenty-five (25) acres or more, the general assembly hereby recognizes and declares that the CRMC is delegated the sole and exclusive authority for the leasing of submerged and filled lands and giving licenses for the use thereof. Accordingly, the CRMC will develop, coordinate and adopt a system for the leasing of submerged and filled lands, and licenses for the use thereof, and will ensure that all such leases and licenses are consistent with the public trust. Nothing contained herein shall negate, repeal or alter the provisions, processes and requirements for the leasing of submerged land for the conduct of aquaculture as set out under title 20 chapter 10 of the general laws. Therefore, nothing in this chapter shall be construed to limit or impair the authority of the state or, any duly established agency thereof, to regulate filling or dredging affecting tidal lands owned by the state or any other entity and nothing in this chapter shall be construed to limit or impair the obligation of the applicant to obtain all applicable regulatory approvals. Specifically, and without limiting the foregoing, nothing herein shall negate, repeal or alter the provisions, processes and requirements for water quality certification contained in title 46, chapter 12 of the general laws.
(3) Definitions.
(a) "Filled land" means portions of tidal lands which have been rendered by the acts of man to be no longer subject to tidal action or beneath tidal waters.
(b) "Tidal Lands" means those lands that are below the mean high water.
(c) "Mean high water" means a line of contour representing the 18.6 year average as determined by the metonic cycle and/or its equivalent as evidenced by the records, tidal datum and methodology of the United States Coastal Geodetic Survey within the National Oceanic and Atmospheric Administration.
46-23-6. Powers and duties -- Rights-of-way -- In order to properly manage coastal resources the council shall have the following powers and duties:
(1) Planning and management.
(i) The primary responsibility of the council shall be the continuing planning for and management of the resources of the state's coastal region. The council shall be able to make any studies of conditions, activities, or problems of the state's coastal region needed to carry out its responsibilities.
(ii) The resources management process shall include the following basic phases:
(A) Identify all of the state's coastal resources, water, submerged land, air space, fin fish, shellfish, minerals, physiographic features, and so forth.
(B) Evaluate these resources in terms of their quantity, quality, capability for use, and other key characteristics.
(C) Determine the current and potential uses of each resource.
(D) Determine the current and potential problems of each resource.
(E) Formulate plans and programs for the management of each resource, identifying permitted uses, locations, protection measures, and so forth.
(F) Carry out these resources management programs through implementing authority and coordination of state, federal, local, and private activities.
(G) Formulation of standards where these do not exist, and reevaluation of existing standards.
(H) To develop comprehensive programs for dredging in tidal waters and related disposal, monitoring and transportation of dredge materials.
(I) To accept and administer loans and grants from the federal government and from other sources, public or private, for the carrying out of any of its functions, which loans or grants shall not be expended for other than the purposes for which provided.
(J) To encourage, participate in, or conduct studies, investigations, research, and demonstrations relating to dredging, disposal of dredge materials and transportation thereof in the tidal waters of the state as the coastal resources management council may deem advisable and necessary for the discharge of its duties under this chapter.
(K) To collect and disseminate information relating to dredging, disposal of dredge materials and transportation thereof within the tidal waters of the state.
(L) To work with the appropriate federal and state agencies to develop a comprehensive plan for dredging in tidal waters and related disposal, monitoring and transportation of dredge materials.
(M) To apply for, accept and expend grants and bequests of funds, for the purpose of carrying out the lawful responsibilities of the coastal resources management council.
(iii) An initial series of resources management activities shall be initiated through this basic process, then each phase shall continuously be recycled and used to modify the council's resources management programs and keep them current.
(iv) Planning and management programs shall be formulated in terms of the characteristics and needs of each resource or group of related resources. However, all plans and programs shall be developed around basic standards and criteria, including:
(A) The need and demand for various activities and their impact upon ecological systems.
(B) The degree of compatibility of various activities.
(C) The capability of coastal resources to support various activities.
(D) Water quality standards set by the director of environmental management.
(E) Consideration of plans, studies, surveys, inventories, and so forth prepared by other public and private sources.
(F) Consideration of contiguous land uses and transportation facilities.
(G) Whenever possible consistency with the state guide plan.
(2) Implementation.
(i) The council is authorized to formulate policies and plans and to adopt regulations necessary to implement its various management programs. With respect to such policies and plans which relate to matters where the coastal resources management council and the department of environmental management have concurrent jurisdiction and upon formulation of the plans and regulations, the council shall, prior to adoption, submit the proposed plans or regulations to the director of the environmental management for the director's review. The director shall review and submit comments to the council within thirty (30) days of submission to the director by the council. Consistent with section 46-23-1(e)(6), the council shall consider the director's comments prior to adoption of any plans or regulations.
(ii) (A) Any person, firm, or governmental agency proposing any development or operation within, above, or beneath the tidal water below the mean high water mark, extending out to the extent of the state's jurisdiction in the territorial sea, shall be required to demonstrate that its proposal would not:
(I) Conflict with any resources management plan or program;
(II) Make any area unsuitable for any uses or activities to which it is allocated by a resources management plan or program adopted by the council; or
(III) Significantly damage the environment of the coastal region.
(B) The council shall be authorized to approve, modify, set conditions for, or reject any such proposal.
(iii) The authority of the council over land areas (those areas above the mean high water mark) shall be limited to two hundred feet (200') from the coastal physiographic feature or to that necessary to carry out effective resources management programs. This shall be limited to the authority to approve, modify, set conditions for, or reject the design, location, construction, alteration, and operation of specified activities or land uses when these are related to a water area under the agency's jurisdiction, regardless of their actual location. The council's authority over these land uses and activities shall be limited to situations in which there is a reasonable probability of conflict with a plan or program for resources management or damage to the coastal environment. These uses and activities are:
(A) Power generating over forty (40) megawatts and desalination plants.
(B) Chemical or petroleum processing, transfer, or storage.
(C) Minerals extraction.
(D) Shoreline protection facilities and physiographical features, and all directly associated contiguous areas which are necessary to preserve the integrity of the facility and/or features.
(E) Coastal wetlands and all directly associated contiguous areas which are necessary to preserve the integrity of the wetlands including any freshwater wetlands located in the vicinity of the coast. The actual determination of freshwater wetlands located in coastal vicinities and under the jurisdiction of the coastal resources management council shall be designated on such maps that are agreed to in writing and made available for public use by the coastal resources management council and the director, department of environmental management, within three (3) months of [August 6, 1996]. The CRMC shall have exclusive jurisdiction over the wetlands areas described in this section notwithstanding any provision of chapter 1, title 2 or any other provision except that the division of agriculture maintains jurisdiction over all farming consistent with section 2-1-22(i) and (j). Within six (6) months of [August 6, 1996], the council in cooperation with the director shall develop rules and regulations for the management and protection of freshwater wetlands, affected by an aquaculture project, outside of those freshwater wetlands located in the vicinity of the coast and under the exclusive jurisdiction of the director of the department of environmental management. For the purpose of this chapter, a "coastal wetland" shall mean any salt marsh bordering on the tidal waters of this state, whether or not the tidal waters reach the littoral areas through natural or artificial watercourses, and those uplands directly associated and contiguous thereto which are necessary to preserve the integrity of that marsh. Marshes shall include those areas upon which grow one or more of the following: smooth cordgrass (spartina alterniflora), salt meadow grass (spartina patens), spike grass (distichlis spicata), black rush (juncus gerardi), saltworts (salicornia spp.), sea lavender (limonium carolinianum), saltmarsh bulrushes (scirpus spp.), hightide bush (iva frutescens), tall reed (phragmites communis), tall cordgrass (spartina pectinata), broadleaf cattail (typha latifolia), narrowleaf cattail (typha angustifolia), spike rush (eleocharis rostellata), chairmaker's rush (scirpus amercana), creeping bentgrass (agrostis palustris), sweet grass (hierochloe odorata), and wild rye (etlymus virginicus).
(F) Sewage treatment and disposal and solid waste disposal facilities.
(3) Coordination.. - The council shall have the following coordinating powers and duties:
(i) Functioning as a binding arbitrator in any matter of dispute involving both the resources of the state's coastal region and the interests of two (2) or more municipalities or state agencies.
(ii) Consulting and coordinating actions with local, state, regional, and federal agencies and private interests.
(iii) Conducting or sponsoring coastal research.
(iv) Advising the governor, the general assembly, and the public on coastal matters.
(v) Serving as the lead state agency and initial and primary point of contact for dredging activities in tidal waters and in that capacity, integrating and coordinating the plans and policies of other state agencies as they pertain to dredging in order to develop comprehensive programs for dredging as required by section 46-23-6(A)(2)(h).
(vi) Acting as the state's representative to all bodies public and private on all coastal and aquaculture related matters.
(4) Operations.. - The council shall be authorized to exercise the following operating functions, which are essential to management of coastal resources:
(i) Issue, modify, or deny permits for any work in, above, or beneath the areas under its jurisdiction, including conduct of any form of aquaculture.
(ii) Issue, modify, or deny permits for dredging, filling, or any other physical alteration of coastal wetlands and all directly related contiguous areas which are necessary to preserve the integrity of the wetlands, including, but not limited to the transportation and disposal of dredge materials in the tidal waters.
(iii) Grant licenses, permits, and easements for the use of coastal resources which are held in trust by the state for all its citizens, and impose fees for private use of these resources.
(iv) Determining the need for and establishing pierhead, bulkhead, and harbor lines.
(v) Enforcing and implementing riparian rights in the tidal waters after judicial decisions.
(5) Rights-of-way.
(i) The council shall be responsible for the designation of all public rights-of-way to the tidal water areas of the state, and shall carry on a continuing discovery of appropriate public rights-of-way to the tidal water areas of the state.
(ii) The council shall maintain a complete file of all official documents relating to the legal status of all public rights-of-way to the tidal water areas of the state.
(iii) (A) The council shall have the power to designate for acquisition and development, and posting, and all other functions of any other department for tidal rights-of-way and land for tidal rights-of-way, parking facilities, and other council related purposes.
(B) Further, the council shall have the power to develop and prescribe a standard sign to be used by the cities and towns to mark designated rights-of-way.
(iv) In conjunction therewith, every state department controlling state-owned land close to or adjacent to discovered rights-of-way is authorized to set out the land, or so much thereof as may be deemed necessary for public parking.
(v) No such use of land for public parking shall conflict with existing or intended use of the land, and no improvement shall be undertaken by any state agency until detailed plans have been submitted to and approved by the governing body of the local municipality.
(vi) In designating rights-of-way, the council shall consider the following matters in making its designation:
(A) Land evidence records;
(B) The exercise of domain over the parcel such as maintenance, construction, or upkeep;
(C) The payment of taxes;
(D) The creation of a dedication;
(E) Public use;
(F) Any other public record or historical evidence such as maps and street indexes;
(G) Other evidence as set out in section 42-35-10.
(vii) A determination by the council that a parcel is a right-of-way shall be decided by substantial evidence.
(viii) The council shall be notified whenever by the judgment of the governing body of a coastal municipality, a public right-of-way to tidal water areas located in such municipality has ceased to be useful to the public, and such governing body proposes an order of abandonment of such public right-of-way. Said notice shall be given not less than sixty (60) days prior to the date of such abandonment.
(6) Pre-existing residential boating facilities.
(i) The council is hereby authorized and empowered to issue assent for pre-existing residential boating facilities constructed prior to January 1, 1985. These assents may be issued for pre-existing residential boating facilities, even though such facilities do not meet current standards and policies of the council, provided, however, that the council finds that such facilities do not pose any significant risk to the coastal resources of the state of Rhode Island and do not endanger human safety.
(ii) In addition to the above criteria, the applicant shall provide clear and convincing evidence that:
(A) The facility existed in substantially the same configuration as it now exists prior to January 1, 1985;
(B) The facility is presently intact and functional; and
(C) The facility presents no significant threat to the coastal resources of the state of Rhode Island or human safety.
(iii) The applicant, to be eligible for this provision, shall apply no later than January 31, 1999.
(iv) The council is directed to develop rules and regulations necessary to implement this subdivision.
(v) It is the specific intent of this subsection to require that all pre-existing residential boating facilities constructed on January 1, 1985 or thereafter conform to this chapter and the plans, rules and regulations of the council.
(7) Lease of filled lands which were formerly tidal lands to riparian or littoral owners.
Any littoral or riparian owner in this state, who desires to obtain a lease from the state of Rhode Island of any filled lands adjacent to his upland, shall apply to the council, which may make such lease. Any littoral or riparian owner who wishes to obtain a lease of filled lands must obtain pre-approval, in the form of an assent, from the council. Any such lease granted by the council shall continue the public's interest in such filled lands including but not limited to the rights of navigation, fishery and commerce. The public trust in such lands shall continue and run concurrently with the leasing of such lands by the state to private individuals, corporations or municipalities. Upon the granting of a lease by the council, those rights consistent with the public trust and secured by the lease, shall vest in the lessee. The council may approve a lease of filled lands for an initial term of up to fifty (50) years, with, or without, a single option to renew for an additional term of up to fifty (50) years.
The lessor of such lease, at any time, for cause, may by express act cancel and annul any lease heretofore made to such riparian owner when it determines that the use of such lands is violating the terms of the lease or is inconsistent with the public trust, and thereupon such lands, and rights therein so leased, shall revert to the state.
(8) "Marinas" as defined in the Coastal Resources Management Program in effect as of June 1, 1997 shall be deemed to be one of the uses consistent with the public trust. Section 46-23-6(7) shall not be applicable to : (i) any riparian owner on tidal waters in this state (and any successor in interest thereto) which has an assent issued by the council to use any land under water in front of his lands as a marina, which assent was in effect on June 1, 1997; (ii) any alteration, expansion or other activity at a marina (and any successor in interest thereto) which has an assent issued by the council, which assent was in effect on June 1, 1997; and (iii) any renewal of such assent to a marina (or successor in interest thereto), which assent was issued by the council and in effect on June 1, 1997.
(9) "Recreational boating facilities" including marinas, launching ramps and recreational mooring areas, as defined by and properly permitted by the Council shall be deemed to be one of the uses consistent with the public trust. Section 46-23-6(7) shall not be applicable to: (i) any riparian owner on tidal waters in this state (and any successor in interest thereto) which has an assent issued by the council to use any land under water in front of his lands as a recreational boating facility; any alteration, expansion or other activity at a recreational boating facility (and any successor in interest thereto) which has an assent issued by the council, which assent was in effect as of June 1, 1997; and (ii) any renewal of such assent to a recreational boating facility (or successor in interest thereto), which assent was issued by the council and in effect on June 1, 1997.
SECTION 4. Severability. If any provision of this act or the application thereto to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act, which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
SECTION 5. This act shall take effect upon passage, and all harbor lines and all special acts relating to the authority or capacity to fill tidelands previously established by the state, or any state or municipal entity, to the extent not heretofore repealed, are hereby abolished, and all acts or parts of acts to the contrary or inconsistent herewith are hereby repealed. Nothing herein shall be construed to signify that any harbor line or special acts created any private rights.