2024 -- S 2811 SUBSTITUTE A | |
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LC004338/SUB A | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2024 | |
____________ | |
A N A C T | |
RELATING TO WATERS AND NAVIGATION -- COASTAL RESOURCES MANAGEMENT | |
COUNCIL | |
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Introduced By: Senators Euer, DiMario, and Sosnowski | |
Date Introduced: March 22, 2024 | |
Referred To: Senate Environment & Agriculture | |
(CRMC) | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 46-23-1 and 46-23-6 of the General Laws in Chapter 46-23 entitled |
2 | "Coastal Resources Management Council" are hereby amended to read as follows: |
3 | 46-23-1. Legislative findings. |
4 | (a)(1) Under article 1, § 17 of the Rhode Island Constitution, the people shall continue to |
5 | enjoy and freely exercise all the rights of fishery, and the privileges of the shore, to which they |
6 | have been heretofore entitled under the charter and usages of this state, including, but not limited |
7 | to, fishing from the shore, the gathering of seaweed, leaving the shore to swim in the sea and |
8 | passage along the shore; and they shall be secure in their rights to use and enjoyment of the natural |
9 | resources of the state with due regard for the preservation of their values; and it is the duty of the |
10 | general assembly to provide for the conservation of the air, land, water, plant, animal, mineral and |
11 | other natural resources of the state, and to adopt all means necessary and proper by law to protect |
12 | the natural environment of the people of the state by providing adequate resource planning for the |
13 | control and regulation of the use of the natural resources of the state and for the preservation, |
14 | regeneration, and restoration of the natural environment of the state. |
15 | (2) The general assembly recognizes and declares that the coastal resources of Rhode |
16 | Island, a rich variety of natural, commercial, industrial, recreational, and aesthetic assets, are of |
17 | immediate and potential value to the present and future development of this state; that unplanned |
18 | or poorly planned development of this basic natural environment has already damaged or destroyed, |
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1 | or has the potential of damaging or destroying, the state’s coastal resources, and has restricted the |
2 | most efficient and beneficial utilization of these resources; that it shall be the policy of this state to |
3 | preserve, protect, develop, and, where possible, restore the coastal resources of the state for this |
4 | and succeeding generations through comprehensive and coordinated long range planning and |
5 | management designed to produce the maximum benefit for society from these coastal resources; |
6 | and that preservation and restoration of ecological systems shall be the primary guiding principle |
7 | upon which environmental alteration of coastal resources will be measured, judged, and regulated. |
8 | (b)(1) That effective implementation of these policies is essential to the social and |
9 | economic well-being of the people of Rhode Island because the sea and its adjacent lands are major |
10 | sources of food and public recreation, because these resources are used by and for industry, |
11 | transportation, waste disposal, and other purposes, and because the demands made on these |
12 | resources are increasing in number, magnitude, and complexity; and that these policies are |
13 | necessary to protect the public health, safety, and general welfare. Pursuant to 16 U.S.C. § 1452 |
14 | (“The Coastal Zone Management Act”), the general assembly hereby directs the council (referred |
15 | to as “CRMC”) to exercise effectively its responsibilities in the coastal zone through the |
16 | development and implementation of management programs to achieve wise use of the land and |
17 | water resources of the coastal zone. |
18 | (2) Furthermore, that implementation of these policies is necessary in order to secure the |
19 | rights of the people of Rhode Island to the use and enjoyment of the natural resources of the state |
20 | with due regard for the preservation of their values, and in order to allow the general assembly to |
21 | fulfill its duty to provide for the conservation of the air, land, water, plant, animal, mineral, and |
22 | other natural resources of the state, and to adopt all means necessary and proper by law to protect |
23 | the natural environment of the people of the state by providing adequate resource planning for the |
24 | control and regulation of the use of the natural resources of the state and for the preservation, |
25 | regeneration, and restoration of the natural environment of the state. |
26 | (c) That these policies can best be achieved through the creation of a coastal resources |
27 | management council as the principal mechanism for management of the state’s coastal resources. |
28 | (d) The general assembly recognizes and declares that maintenance dredging is required to |
29 | remove natural silt accumulations; Rhode Island has not had a general maintenance dredging policy |
30 | and programs for ports, port facilities, channels, harbors, public and private marinas and boating |
31 | facilities, recreational facilities and habitat areas; other major coastal states have maintenance |
32 | dredging policies and in-water maintenance dredge disposal sites; as a result of the lack of a general |
33 | maintenance dredging policy and program and as a result there has been: |
34 | (1) A decrease in the depth of the Providence Channel from forty-four (44) feet in 1971 to |
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1 | twenty-four (24) feet in 1996; |
2 | (2) Navigational restrictions on ocean going vessels through the state’s waterways and |
3 | channels; and |
4 | (3) A decrease in the number of available slips and moorings at marinas throughout the |
5 | state; and the lack of a maintenance dredging policy and programs have significant adverse |
6 | environmental and economic effects on the state and therefore it is in the best interest of the state, |
7 | the cities and towns of the state, and the citizens thereof for the state to have a general maintenance |
8 | dredging policy and programs to resolve issues related to dredge maintenance and disposal and |
9 | avoid future significant direct and indirect adverse impact on the environment and economy of the |
10 | state. |
11 | (e) The coastal resources management council is hereby designated as the lead state agency |
12 | for purposes of dredging in tidal waters and as such shall have the following duties and |
13 | responsibilities: |
14 | (1) To coordinate the interest of the state with regard to dredging; |
15 | (2) To formulate and adopt a state policy with regard to dredging which integrates those |
16 | interests; |
17 | (3) To cooperate with, negotiate, and to enter into agreements on behalf of the state with |
18 | the federal government and with other public bodies and private parties with regard to dredging; |
19 | (4) To act as the initial and primary point of contact for all applications to the state for |
20 | dredging projects in tidal waters; |
21 | (5) To develop, prepare, adopt pursuant to § 46-23-11, implement, and maintain a |
22 | comprehensive plan for dredge material management; and |
23 | (6) To cooperate and coordinate with the departments of environmental management, |
24 | transportation, administration, and health, and the economic development corporation in the |
25 | conduct of these duties and responsibilities. |
26 | (f)(1) The legislature recognizes that under Article I, § 17, the submerged lands of the state |
27 | are impressed with a public trust and that the state is responsible for the protection of the public’s |
28 | interest in these lands. The state maintains title in fee to all soil within its boundaries that lies below |
29 | the high water mark, and it holds that land in trust for the use of the public. In benefiting the public, |
30 | the state preserves certain public rights which include, but are not limited to, fishery, commerce, |
31 | and navigation in these waters and the submerged lands that they cover. |
32 | (2)(i) Since its establishment in 1971, the CRMC has had the authority to manage and plan |
33 | for the preservation of the coastal resources of the state including, but not limited to, submerged |
34 | lands. The legislature hereby declares that, in light of the unique size, scope, and overall potential |
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1 | impact upon the environment of large scale filling projects involving twenty-five (25) acres or |
2 | more, or any and all projects involving the lease of tidal lands of twenty-five (25) acres or more, |
3 | any lease of tidal lands, or any license to use those lands, is subject to approval, disapproval, or |
4 | conditional approval by the direct enactment of the general assembly by legislative action. The |
5 | CRMC shall review all requests for leases, licenses to use the land, and other authority to use the |
6 | land made by any applicant prior to presentation of the request to the general assembly, and the |
7 | CRMC shall make recommendations on the request to the general assembly. An appropriate fee for |
8 | such use and/or lease may be recommended. With the exception of any and all projects to fill land |
9 | of twenty-five (25) acres or more, the general assembly hereby recognizes and declares that the |
10 | CRMC is delegated the sole and exclusive authority for the leasing of submerged and filled lands |
11 | and giving licenses for the use of that land. Accordingly, the CRMC will develop, coordinate, and |
12 | adopt a system for the leasing of submerged and filled lands, and licenses for the use of that land, |
13 | and will ensure that all leases and licenses are consistent with the public trust. Pursuant thereto, the |
14 | (ii) The CRMC shall impose a maximum fee of eighty thousand dollars ($80,000) per |
15 | annum for any transatlantic telephone or fiber-optic communication cable that makes landfall in |
16 | Rhode Island. All such fees collected shall be deposited into the Bays, Rivers and Watersheds Fund, |
17 | established pursuant to § 46-31-12.1, and shall be disbursed according to the purposes of that fund. |
18 | (iii) Nothing contained in this subsection negates, repeals, or alters the provisions, |
19 | processes, and requirements for the leasing of submerged land for the conduct of aquaculture as set |
20 | out under chapter 10 of title 20. Therefore, nothing in this chapter shall be construed to limit or |
21 | impair the authority of the state, or any duly established agency of the state, to regulate filling or |
22 | dredging affecting tidal lands owned by the state or any other entity, and nothing in this chapter |
23 | shall be construed to limit or impair the obligation of the applicant to obtain all applicable |
24 | regulatory approvals. Specifically, and without limiting the foregoing, nothing in this subsection |
25 | negates, repeals, or alters the provisions, processes, and requirements for water quality certification |
26 | contained in chapter 12 of this title. |
27 | (3) Definitions. |
28 | (i) “Filled land” means portions of tidal lands which have been rendered by the acts of man |
29 | to be no longer subject to tidal action or beneath tidal waters. |
30 | (ii) “Tidal Lands” means those lands that are below the mean high water. |
31 | (iii) “Mean high water” means a line of contour representing the 18.6 year average as |
32 | determined by the metonic cycle and/or its equivalent as evidenced by the records, tidal datum, and |
33 | methodology of the United States Coastal Geodetic Survey within the National Oceanic and |
34 | Atmospheric Administration. |
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1 | 46-23-6. Powers and duties — Rights-of-way. |
2 | In order to properly manage coastal resources the council has the following powers and |
3 | duties: |
4 | (1) Planning and management.(i) The primary responsibility of the council shall be the |
5 | continuing planning for and management of the resources of the state’s coastal region. The council |
6 | shall be able to make any studies of conditions, activities, or problems of the state’s coastal region |
7 | needed to carry out its responsibilities. |
8 | (ii) The resources management process shall include the following basic phases: |
9 | (A) Identify all of the state’s coastal resources, water, submerged land, air space, fin fish, |
10 | shellfish, minerals, physiographic features, and so forth. |
11 | (B) Evaluate these resources in terms of their quantity, quality, capability for use, and other |
12 | key characteristics. |
13 | (C) Determine the current and potential uses of each resource. |
14 | (D) Determine the current and potential problems of each resource. |
15 | (E) Formulate plans and programs for the management of each resource, identifying |
16 | permitted uses, locations, protection measures, and so forth. |
17 | (F) Carry out these resources management programs through implementing authority and |
18 | coordination of state, federal, local, and private activities. |
19 | (G) Formulation of standards where these do not exist, and reevaluation of existing |
20 | standards. |
21 | (H) To develop comprehensive programs for dredging in tidal waters and related beneficial |
22 | use, disposal, monitoring dewatering and transportation of dredge materials. |
23 | (I) To accept and administer loans and grants from the federal government and from other |
24 | sources, public or private, for the carrying out of any of its functions, which loans or grants shall |
25 | not be expended for other than the purposes for which provided. |
26 | (J) To encourage, participate in, or conduct studies, investigations, research, and |
27 | demonstrations relating to dredging, disposal of dredge materials and transportation thereof in the |
28 | tidal waters of the state as the coastal resources management council may deem advisable and |
29 | necessary for the discharge of its duties under this chapter. |
30 | (K) To collect and disseminate information relating to dredging, disposal of dredge |
31 | materials and transportation thereof within the tidal waters of the state. |
32 | (L) To work with the appropriate federal and state agencies to develop as provided for in |
33 | this chapter and in chapter 6.1 of this title, a comprehensive plan for dredging in tidal waters and |
34 | related beneficial use, disposal, monitoring dewatering and transportation of dredge materials. |
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1 | (M) To apply for, accept and expend grants and bequests of funds, for the purpose of |
2 | carrying out the lawful responsibilities of the coastal resources management council. |
3 | (iii) An initial series of resources management activities shall be initiated through this basic |
4 | process, then each phase shall continuously be recycled and used to modify the council’s resources |
5 | management programs and keep them current. |
6 | (iv) Planning and management programs shall be formulated in terms of the characteristics |
7 | and needs of each resource or group of related resources. However, all plans and programs shall be |
8 | developed around basic standards and criteria, including: |
9 | (A) The need and demand for various activities and their impact upon ecological systems. |
10 | (B) The degree of compatibility of various activities. |
11 | (C) The capability of coastal resources to support various activities. |
12 | (D) Water quality standards set by the director of the department of environmental |
13 | management. |
14 | (E) Consideration of plans, studies, surveys, inventories, and so forth prepared by other |
15 | public and private sources. |
16 | (F) Consideration of contiguous land uses and transportation facilities. |
17 | (G) Whenever possible consistency with the state guide plan. |
18 | (v) The council shall prepare, adopt, administer, and cause to be implemented, including |
19 | specifically through its powers of coordination as set forth in subdivision (3) of this section, a |
20 | marine resources development plan and such special area management plans as the council may |
21 | determine to be appropriate or desirable as follows: |
22 | (A) Marine resources development plan. |
23 | (I) The purpose of the marine resources development plan shall be to provide an integrated |
24 | strategy for: (a) improving the health and functionality of Rhode Island’s marine ecosystem; (b) |
25 | providing for appropriate marine-related economic development; and (c) promoting the use and |
26 | enjoyment of Rhode Island’s marine resources by the people of the state. |
27 | (II) The marine resources development plan shall include specific goals and objectives |
28 | necessary to accomplish its purposes, performance measures to determine progress toward |
29 | achieving such goals and objectives, and an implementation program. |
30 | (III) The marine resources development plan shall be prepared in cooperation with the |
31 | department of environmental management, the statewide planning program, and the commerce |
32 | corporation, with the involvement of such other state agencies as may be appropriate, and with such |
33 | technical support as may be necessary and appropriate from the Narragansett Bay Estuary Program, |
34 | the Coastal Institute at the University of Rhode Island, and Rhode Island Sea Grant. |
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1 | (IV) The plan shall be responsive to the requirements and principles of the federal coastal |
2 | zone management act as amended, including, but not limited to, the expectations of the act for |
3 | incorporating the federal Clean Water Act into coastal zone management programs. |
4 | (V) The marine resources development plan shall take into account local land use |
5 | management responsibilities as provided for under title 45 and harbor management responsibilities, |
6 | and the preparation of the plan shall include opportunities for involvement and/or comment by |
7 | cities and towns. |
8 | (VI) The marine resources development plan shall be adopted by the council in accordance |
9 | with the provisions of this subsection by July 1, 2005, shall as appropriate incorporate the |
10 | recommendations of the Governor’s Narragansett Bay and Watershed Planning Commission, and |
11 | shall be made consistent with systems level plans as appropriate, in order to effectuate the purposes |
12 | of systems level planning. The council shall update the marine resources development plan at least |
13 | once every five (5) years. |
14 | (VII) The council shall administer its programs, regulations, and implementation activities |
15 | in a manner consistent with the marine resources development plan. |
16 | (VIII) The marine resources development plan and any updates thereto shall be adopted as |
17 | appropriate as elements of the state guide plan pursuant to § 42-11-10. |
18 | (B) Special area management plans. |
19 | (I) The council shall adopt such special area management plans as deemed necessary and |
20 | desirable to provide for the integration and coordination of the protection of natural resources, the |
21 | promotion of reasonable coastal-dependent economic growth, and the improved protection of life |
22 | and property in the specific areas designated council as requiring such integrated planning and |
23 | coordination. |
24 | (II) The integrated planning and coordination herein specified shall include, but not be |
25 | limited to, federal agencies, state agencies, boards, commissions, and corporations, including |
26 | specifically the commerce corporation, and cities and towns, shall utilize to the extent appropriate |
27 | and feasible the capacities of entities of higher education, including Rhode Island Sea Grant, and |
28 | shall provide for the participation of advocacy groups, community-based organizations, and private |
29 | persons. |
30 | (III) The council shall administer its programs, regulations, and implementation activities |
31 | in a manner consistent with special area management plans. |
32 | (IV) Special area management plans and any updates thereto shall be adopted as |
33 | appropriate as elements of the state guide plan pursuant to § 42-11-10. |
34 | (2) Implementation.(i) The council is authorized to formulate policies and plans and to |
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1 | adopt regulations necessary to implement its various management programs. With respect to such |
2 | policies and plans which relate to matters where the coastal resources management council and the |
3 | department of environmental management have concurrent jurisdiction and upon formulation of |
4 | the plans and regulations, the council shall, prior to adoption, submit the proposed plans or |
5 | regulations to the director of the department of environmental management for the director’s |
6 | review. The director shall review and submit comments to the council within thirty (30) days of |
7 | submission to the director by the council. The comments of the director shall include findings with |
8 | regard to the consistency of the policies, plans and/or regulations with the requirements of laws |
9 | administered by the department. The council shall consider the director’s comments prior to |
10 | adoption of any such policies, plans or regulations and shall respond in writing to findings of the |
11 | director with regard to the consistency of said policies, plans and/or regulations with the |
12 | requirements of laws administered by the department. |
13 | (ii)(A) The council shall have exclusive jurisdiction below mean high water for all |
14 | development, operations, and dredging, consistent with the requirements of chapter 6.1 of this title |
15 | and except as necessary for the department of environmental management to exercise its powers |
16 | and duties and to fulfill its responsibilities pursuant to §§ 42-17.1-2 and 42-17.1-24, and any |
17 | person, firm, or governmental agency proposing any development or operation within, above, or |
18 | beneath the tidal water below the mean high water mark, extending out to the extent of the state’s |
19 | jurisdiction in the territorial sea, shall be required to demonstrate that its proposal would not: |
20 | (I) Conflict with any resources management plan or program; |
21 | (II) Make any area unsuitable for any uses or activities to which it is allocated by a |
22 | resources management plan or program adopted by the council; or |
23 | (III) Significantly damage the environment of the coastal region. |
24 | (B) The council shall be authorized to approve, modify, set conditions for, or reject any |
25 | such proposal. |
26 | (iii) The authority of the council over land areas (those areas above the mean high water |
27 | mark) shall be limited to two hundred feet (200′) from the coastal physiographic feature or to that |
28 | necessary to carry out effective resources management programs. This shall be limited to the |
29 | authority to approve, modify, set conditions for, or reject the design, location, construction, |
30 | alteration, and operation of specified activities or land uses when these are related to a water area |
31 | under the agency’s jurisdiction, regardless of their actual location. The council’s authority over |
32 | these land uses and activities shall be limited to situations in which there is a reasonable probability |
33 | of conflict with a plan or program for resources management or damage to the coastal environment. |
34 | These uses and activities are: |
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1 | (A) Power generating over forty (40) megawatts and desalination plants. |
2 | (B) Chemical or petroleum processing, transfer, or storage. |
3 | (C) Minerals extraction. |
4 | (D) Shoreline protection facilities and physiographical features, and all directly associated |
5 | contiguous areas which are necessary to preserve the integrity of the facility and/or features. |
6 | (E) Coastal wetlands and all directly associated contiguous areas which are necessary to |
7 | preserve the integrity of the wetlands including any freshwater wetlands located in the vicinity of |
8 | the coast. The actual determination of freshwater wetlands located in coastal vicinities and under |
9 | the jurisdiction of the coastal resources management council shall be designated on such maps that |
10 | are agreed to in writing and made available for public use by the coastal resources management |
11 | council and the director, department of environmental management, within three (3) months of |
12 | [August 6, 1996]. The CRMC shall have exclusive jurisdiction over the wetlands areas described |
13 | in this section notwithstanding any provision of chapter 1, title 2 or any other provision, except as |
14 | provided in subsection (iv) of this section. Within six (6) months of [August 6, 1996] the council |
15 | in cooperation with the director shall develop rules and regulations for the management and |
16 | protection of freshwater wetlands, affected by an aquaculture project, outside of those freshwater |
17 | wetlands located in the vicinity of the coast and under the exclusive jurisdiction of the director of |
18 | the department of environmental management. For the purpose of this chapter, a “coastal wetland” |
19 | means any salt marsh bordering on the tidal waters of this state, whether or not the tidal waters |
20 | reach the littoral areas through natural or artificial watercourses, and those uplands directly |
21 | associated and contiguous thereto which are necessary to preserve the integrity of that marsh. |
22 | Marshes shall include those areas upon which grow one or more of the following: smooth cordgrass |
23 | (spartina alterniflora), salt meadow grass (spartina patens), spike grass (distichlis spicata), black |
24 | rush (juncus gerardi), saltworts (salicornia spp.), sea lavender (limonium carolinianum), saltmarsh |
25 | bulrushes (scirpus spp.), hightide bush (iva frutescens), tall reed (phragmites communis), tall |
26 | cordgrass (spartina pectinata), broadleaf cattail (typha latifolia), narrowleaf cattail (typha |
27 | angustifolia), spike rush (eleocharis rostellata), chairmaker’s rush (scirpus amercana), creeping |
28 | bentgrass (agrostis palustris), sweet grass (hierochloe odorata), and wild rye (etlymus virginicus). |
29 | (F) Sewage treatment and disposal and solid waste disposal facilities. |
30 | (G) Beneficial use, dewatering, and disposal of dredged material of marine origins, where |
31 | such activities take place within two hundred feet (200′) of mean high water or a coastal |
32 | physiographic feature, or where there is a reasonable probability of conflict with a plan or program |
33 | for resources management or damage to the coastal environment. |
34 | (iv) Notwithstanding the provisions of subsections (ii) and (iii) above, the department of |
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1 | environmental management shall maintain jurisdiction over the administration of chapter 1, title 2, |
2 | including permitting of freshwater wetlands alterations and enforcement, with respect to all |
3 | agricultural activities undertaken by a farmer, as that term is defined in § 2-1-22(j), wherever |
4 | located; provided, however, that with respect to activities located partially or completely within |
5 | two hundred feet (200′) of the coastal physiographic feature, the department shall exercise |
6 | jurisdiction in consultation with the council. |
7 | (3) Coordination. The council has the following coordinating powers and duties: |
8 | (i) Functioning as a binding arbitrator in any matter of dispute involving both the resources |
9 | of the state’s coastal region and the interests of two (2) or more municipalities or state agencies. |
10 | (ii) Consulting and coordinating actions with local, state, regional, and federal agencies |
11 | and private interests. |
12 | (iii) Conducting or sponsoring coastal research. |
13 | (iv) Advising the governor, the general assembly, and the public on coastal matters. |
14 | (v) Serving as the lead state agency and initial and primary point of contact for dredging |
15 | activities in tidal waters and in that capacity, integrating and coordinating the plans and policies of |
16 | other state agencies as they pertain to dredging in order to develop comprehensive programs for |
17 | dredging as required by subparagraph (1)(ii)(H) of this section and chapter 6.1 of this title. The |
18 | Rhode Island resource recovery corporation prior to purchasing cover material for the state landfill |
19 | shall first contact the CRMC to see if there is a source of suitable dredged material available which |
20 | shall be used in place of the purchase cover material. Other state agencies engaged in the process |
21 | of dump closures shall also contact the CRMC to see if there is a source of suitable dredged material |
22 | available, which shall be used in place of the purchase cover material. In addition, cities and towns |
23 | may contact the CRMC prior to closing city or town controlled dump sites to see if there is a source |
24 | of suitable dredge material available, which may be used in place of the purchase cover material. |
25 | (vi) Acting as the state’s representative to all bodies public and private on all coastal and |
26 | aquaculture related matters. |
27 | (4) Operations. The council is authorized to exercise the following operating functions, |
28 | which are essential to management of coastal resources: |
29 | (i) Issue, modify, or deny permits for any work in, above, or beneath the areas under its |
30 | jurisdiction, including conduct of any form of aquaculture. |
31 | (ii) Issue, modify, or deny permits for dredging, filling, or any other physical alteration of |
32 | coastal wetlands and all directly related contiguous areas which are necessary to preserve the |
33 | integrity of the wetlands, including, but not limited to, the transportation and disposal of dredge |
34 | materials in the tidal waters. |
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1 | (iii) Grant licenses, permits, and easements for the use of coastal resources which are held |
2 | in trust by the state for all its citizens, and impose fees for private use of these resources. |
3 | (iv) Determining the need for and establishing pierhead, bulkhead, and harbor lines. |
4 | (v) Enforcing and implementing riparian rights in the tidal waters after judicial decisions. |
5 | (vi) The council may require an owner or operator of a commercial wharf or pier of a |
6 | marine commercial facility, as defined in 300.3 of the Rhode Island coastal resources management |
7 | program, but not including those facilities defined in 300.4 of the Rhode Island coastal resources |
8 | management program, and which is capable of offloading cargo, and is or will be subject to a new |
9 | use or a significant intensification of an existing use, to demonstrate that the commercial wharf or |
10 | pier is fit for that purpose. For the purposes of this subsection, a “commercial wharf or pier” means |
11 | a pier, bulkhead, wharf, docking facility, or underwater utilities. The council may order said owner |
12 | or operator to provide an engineering certification to the council’s satisfaction that the commercial |
13 | wharf or pier is fit for the new use or intensification of an existing use. If the council determines |
14 | that the commercial wharf or pier is not fit, it may order the owner or operator to undertake the |
15 | necessary work to make the commercial wharf or pier safe, within a reasonable time frame. If the |
16 | council determines that the commercial wharf or pier, because of its condition, is an immediate |
17 | threat to public health and safety it may order the commercial wharf or pier closed until the |
18 | necessary work to make the commercial wharf or pier safe has been performed and approved by |
19 | the council. All work performed must conform to the council’s management program. The council |
20 | is also given the authority to develop regulations to carry out this provision and to impose |
21 | administrative penalties of five thousand dollars ($5,000) per day up to a maximum of twenty |
22 | thousand dollars ($20,000) consistent with § 46-23-7.1 where there has been a violation of the |
23 | orders under this provision. |
24 | (5) Rights-of-way.(i) The council is responsible for the designation of all public rights-of- |
25 | way to the tidal water areas of the state, and shall carry on a continuing discovery of appropriate |
26 | public rights-of-way to the tidal water areas of the state. |
27 | (ii) The council shall maintain a complete file of all official documents relating to the legal |
28 | status of all public rights-of-way to the tidal water areas of the state. |
29 | (iii)(A) The council has the power to designate for acquisition and development, and |
30 | posting, and all other functions of any other department for tidal rights-of-way and land for tidal |
31 | rights-of-way, parking facilities, and other council related purposes. |
32 | (B) Further, the council has the power to develop and prescribe a standard sign to be used |
33 | by the cities and towns to mark designated rights-of-way. |
34 | (iv) In conjunction with this subdivision, every state department controlling state-owned |
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1 | land close to or adjacent to discovered rights-of-way is authorized to set out the land, or so much |
2 | of the land that may be deemed necessary for public parking. |
3 | (v) No use of land for public parking shall conflict with existing or intended use of the land, |
4 | and no improvement shall be undertaken by any state agency until detailed plans have been |
5 | submitted to and approved by the governing body of the local municipality. |
6 | (vi) In designating rights-of-way, the council shall consider the following matters in |
7 | making its designation: |
8 | (A) Land evidence records; |
9 | (B) The exercise of domain over the parcel such as maintenance, construction, or upkeep; |
10 | (C) The payment of taxes; |
11 | (D) The creation of a dedication; |
12 | (E) Public use; |
13 | (F) Any other public record or historical evidence such as maps and street indexes; |
14 | (G) Other evidence as set out in § 42-35-10. |
15 | (vii) A determination by the council that a parcel is a right-of-way shall be decided by |
16 | substantial evidence. |
17 | (viii) The council shall be notified whenever by the judgment of the governing body of a |
18 | coastal municipality, a public right-of-way to tidal water areas located in such municipality has |
19 | ceased to be useful to the public, and such governing body proposes an order of abandonment of |
20 | such public right-of-way. Said notice shall be given not less than sixty (60) days prior to the date |
21 | of such abandonment. |
22 | (6) Pre-existing residential boating facilities.(i) The council is hereby authorized and |
23 | empowered to issue assent for pre-existing residential boating facilities constructed prior to January |
24 | 1, 1985. These assents may be issued for pre-existing residential boating facilities, even though |
25 | such facilities do not meet current standards and policies of the council; provided, however, that |
26 | the council finds that such facilities do not pose any significant risk to the coastal resources of the |
27 | state of Rhode Island and do not endanger human safety. |
28 | (ii) In addition to the above criteria, the applicant shall provide clear and convincing |
29 | evidence that: |
30 | (A) The facility existed in substantially the same configuration as it now exists prior to |
31 | January 1, 1985; |
32 | (B) The facility is presently intact and functional; and |
33 | (C) The facility presents no significant threat to the coastal resources of the state of Rhode |
34 | Island or human safety. |
| LC004338/SUB A - Page 12 of 14 |
1 | (iii) The applicant, to be eligible for this provision, shall apply no later than January 31, |
2 | 1999. |
3 | (iv) The council is directed to develop rules and regulations necessary to implement this |
4 | subdivision. |
5 | (v) It is the specific intent of this subsection to require that all pre-existing residential |
6 | boating facilities constructed on January 1, 1985, or thereafter conform to this chapter and the plans, |
7 | rules and regulations of the council. |
8 | (7) Lease of filled lands which were formerly tidal lands to riparian or littoral owners.(i) |
9 | Any littoral or riparian owner in this state who desires to obtain a lease from the state of Rhode |
10 | Island of any filled lands adjacent to his or her upland shall apply to the council, which may make |
11 | the lease. Any littoral or riparian owner who wishes to obtain a lease of filled lands must obtain |
12 | pre-approval, in the form of an assent, from the council. Any lease granted by the council shall |
13 | continue the public’s interest in the filled lands including, but not limited to, the rights of |
14 | navigation, fishery, and commerce. The public trust in the lands shall continue and run concurrently |
15 | with the leasing of the lands by the state to private individuals, corporations, or municipalities. |
16 | Upon the granting of a lease by the council, those rights consistent with the public trust and secured |
17 | by the lease shall vest in the lessee. The council may approve a lease of filled lands for an initial |
18 | term of up to fifty (50) years, with, or without, a single option to renew for an additional term of |
19 | up to fifty (50) years. An appropriate fee for such use and/or lease may be required. |
20 | (ii) Consistent with § 46-23-1(f) et seq., large-scale filling projects involving twenty-five |
21 | (25) acres or more, or any and all projects involving the lease of tidal lands of twenty-five (25) |
22 | acres or more, any lease of tidal lands, or any license to use those lands, is subject to approval, |
23 | disapproval, or conditional approval by the direct enactment of the general assembly by legislative |
24 | action. |
25 | (ii)(iii) The lessor of the lease, at any time, for cause, may by express act cancel and annul |
26 | any lease previously made to the riparian owner when it determines that the use of the lands is |
27 | violating the terms of the lease or is inconsistent with the public trust, or a fee for such lease has |
28 | not been paid, and upon cancellation the lands, and rights in the land so leased, shall revert to the |
29 | state. Any fees paid shall not be returned. |
30 | (8) “Marinas” as defined in the coastal resources management program in effect as of June |
31 | 1, 1997, are deemed to be one of the uses consistent with the public trust. Subdivision (7) is not |
32 | applicable to: |
33 | (i) Any riparian owner on tidal waters in this state (and any successor in interest to the |
34 | owner) which has an assent issued by the council to use any land under water in front of his or her |
| LC004338/SUB A - Page 13 of 14 |
1 | lands as a marina, which assent was in effect on June 1, 1997; |
2 | (ii) Any alteration, expansion, or other activity at a marina (and any successor in interest) |
3 | which has an assent issued by the council, which assent was in effect on June 1, 1997; and |
4 | (iii) Any renewal of assent to a marina (or successor in interest), which assent was issued |
5 | by the council and in effect on June 1, 1997. |
6 | (9) “Recreational boating facilities” including marinas, launching ramps, and recreational |
7 | mooring areas, as defined by and properly permitted by the council, are deemed to be one of the |
8 | uses consistent with the public trust. Subdivision (7) is not applicable to: |
9 | (i) Any riparian owner on tidal waters in this state (and any successor in interest to the |
10 | owner) which has an assent issued by the council to use any land under water in front of his or her |
11 | lands as a recreational boating facility; any alteration, expansion or other activity at a recreational |
12 | boating facility (and any successor in interest) which has an assent issued by the council, which |
13 | assent was in effect as of June 1, 1997; and |
14 | (ii) Any renewal of assent to a recreational boating facility (or successor in interest), which |
15 | assent was issued by the council and in effect on June 1, 1997. |
16 | SECTION 2. This act shall take effect upon passage. |
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LC004338/SUB A | |
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| LC004338/SUB A - Page 14 of 14 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO WATERS AND NAVIGATION -- COASTAL RESOURCES MANAGEMENT | |
COUNCIL | |
*** | |
1 | This act would provide that the legislature would be the body that negotiates on behalf of |
2 | the state for all activities occurring in, on and over state submerged land extending beyond twenty- |
3 | five (25) acres. |
4 | This act would take effect upon passage. |
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LC004338/SUB A | |
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| LC004338/SUB A - Page 15 of 14 |