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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

     Introduced By: Senators Gu, DiMario, Valverde, Britto, Euer, DiPalma, Kallman, Felag,
Pearson, and Ruggerio

     Date Introduced: March 28, 2024

     Referred To: Senate Environment & Agriculture

     (Attorney General)

It is enacted by the General Assembly as follows:

     SECTION 1. The title of Chapter 46-23 of the General Laws entitled "Coastal Resources

Management Council" is hereby amended to read as follows:

CHAPTER 46-23

Coastal Resources Management Council

CHAPTER 46-23

DEPARTMENT OF COASTAL RESOURCES

     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-

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,

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-

18.3, 46-23-18.4, 46-23-18.5, 46-23-18.6, 46-23-19, 46-23-20, 46-23-20.1, 46-23-20.2, 46-23-

20.3, 46-23-20.4, 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 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, § 17 of the Rhode Island 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 is 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)(1) 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 U.S.C. § 1452

(“The Coastal Zone Management Act”), the general assembly hereby directs the council department

of coastal resources (referred to as “CRMC” the "department") 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.

     (2) 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

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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 department of coastal resources 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:

     (1) A decrease in the depth of the Providence Channel from forty-four (44) feet in 1971 to

twenty-four (24) feet in 1996;

     (2) Navigational restrictions on ocean going vessels through the state’s waterways and

channels; and

     (3) 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 department of 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 § 46-23-11, implement, and maintain a

comprehensive plan for dredge material management; and

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     (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, § 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 that 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 All the powers and duties previously vested in the coastal resources management

council since its establishment in 1971, are hereby transferred to the department of coastal resources

("department"). the CRMC The department 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 those lands, is subject to approval, disapproval, or

conditional approval by the direct enactment of the general assembly by legislative action. The

CRMC department shall review all requests for leases, licenses to use the land, and other authority

to use the land made by any applicant prior to presentation of the request to the general assembly,

and the CRMC department shall make recommendations on the request 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 department is delegated the sole and

exclusive authority for the leasing of submerged and filled lands and giving licenses for the use of

that land. Accordingly, the CRMC department will develop, coordinate, and adopt a system for the

leasing of submerged and filled lands, and licenses for the use of that land, and will ensure that all

leases and licenses are consistent with the public trust. Pursuant thereto, the CRMC department

shall impose a maximum fee of eighty thousand dollars ($80,000) per annum for any transatlantic

cable that makes landfall in Rhode Island. All such fees collected shall be deposited into the Bays,

Rivers and Watersheds Fund, established pursuant to § 46-31-12.1, and shall be disbursed

according to the purposes of that fund. Nothing contained in this subsection negates, repeals, or

alters the provisions, processes, and requirements for the leasing of submerged land for the conduct

of aquaculture as set out under chapter 10 of title 20. Therefore, nothing in this chapter shall be

construed to limit or impair the authority of the state, or any duly established agency of the state,

to regulate filling or dredging affecting tidal lands owned by the state or any other entity, and

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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 in this

subsection negates, repeals, or alters the provisions, processes, and requirements for water quality

certification contained in chapter 12 of this title.

     (3) Definitions. As used in this chapter, the following words unless the context clearly

requires otherwise, shall have the following meanings:

     (i) "Department" means the department of coastal resources as established herein.

     (ii) "Director" means the director of the department of coastal resources as established

herein, or their duly authorized agent, unless stated otherwise.

     (i)(iii) “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.

     (ii)(iv) “Tidal Lands” means those lands that are below the mean high water.

     (iii)(v) “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.

     46-23-2. Coastal resources management council created — Appointment of members.

Department of coastal resources – Transfer of responsibilities and community advisory

committee.

     (a) There is hereby created the coastal resources management council. The coastal

resources management council shall consist of ten (10) members. Nine (9) members shall be

appointed by the governor, with advice and consent of the senate, and one member shall serve ex

officio. All current appointments to the coastal resources management council made by the

governor with advice and consent of the senate are hereby validated and ratified and those

appointees shall serve for the remainder of their term.

     (1) Six (6) of the members shall be appointed or elected officials of local government: three

(3) of whom shall be appointed or elected officials in a municipality of fewer than twenty-five

thousand (25,000) in population, three (3) of whom shall be appointed or elected officials in a

municipality of more than twenty-five thousand (25,000) in population. The populations are to be

determined by the latest federal census. Elected or appointed municipal officials shall hold seats on

the council only so long as they remain in their elected or appointed office. Each municipal

appointment shall cease if the appointed or elected official shall no longer hold or change the office

which they held upon appointment. At least five (5) out of the six (6) appointed or elected members

must be appointed or elected in a coastal municipality. When the governor submits his or her

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appointments to the senate for advice and consent, the governor shall specify the appointed or

elected office that each municipal appointment holds; the population of the municipality

represented; and the member being replaced.

     (2) Three (3) members shall be appointed by the governor from the public, with the advice

and consent of the senate, one of the public members and his or her successors shall reside in a

coastal municipality.

     (3) All members shall serve until their successors are appointed and qualified; during the

month of January, the governor shall appoint, with the advice and consent of the senate, a member

to succeed the members whose term will then next expire for a term of three (3) years commencing

on the first day of February next following and until their successor is named and qualified. A

member shall be eligible for successive appointments. No more than two (2) persons on the council

shall be from the same municipality. A vacancy other than by expiration shall be filled in the

manner of the original appointment but only for the unexpired portion of the term.

     (a) There is hereby established within the executive branch of the state government a

department of coastal resources. The head of the department shall be the director of the department

of coastal resources who shall be in the unclassified service and who shall be appointed by the

governor, with the advice and consent of the senate, and shall serve at the pleasure of the governor.

     (1) Whenever, in any general law, public law or regulation the words “coastal resources

management council”, the “council” or “CRMC” shall appear, the same shall be deemed to refer to

and to mean the “department of coastal resources.” Whenever, in any general law, public law or

regulation the words “chairman” or “chairperson of the coastal resources management council”

shall appear, the same shall be deemed to refer to and mean the “director of the department of

coastal resources”.

     (2) The director of the department of coastal resources ("director") assuming any duties

formerly imposed upon any other department, division, board, commission, or other agency shall

perform those duties, notwithstanding that those duties were formerly performed by a board,

council, or a single officer. Any ruling, decision, or order formally made by the council with regard

to matters within their jurisdiction shall be subject to any existing right of appeal to a court of

competent jurisdiction.

     (b) There is hereby established a community advisory committee for the department of

coastal resources referred to as "the committee". The committee shall consist of ten (10) members.

The role of the committee is to provide the department with input on policy initiatives and program

improvements. The director shall schedule and hold public committee meetings at least two (2)

times per year.

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     (1) Nine (9) members shall be appointed by the governor and one member shall serve ex

officio. Members of the committee shall be knowledgeable in coastal law and/or policy and include

members representing coastal, urban, indigenous, and environmental justice communities. No two

(2) members shall reside in the same community;

     (4)(2) The director of the department of environmental management, or their designee,

shall serve ex officio. The ex-officio member shall not be counted as serving from any particular

municipality community.

     (b)(3) In addition to the foregoing voting members, the council committee may include a

varying number of other members who may serve in an advisory capacity without the right to vote

and who may be invited to serve by either the governor or the voting members director. These

advisory members may represent the federal agencies such as the navy, coast guard, corps of

engineers, public health service, and the Federal Water Pollution Control Administration, and such

regional agencies as the New England River Basins Commission and the New England Regional

Commission and any other group or interest not otherwise represented.

     (c) There may be established a coastal resources The director may establish other advisory

committee which committee, appointed by the executive director of the coastal resources

management council, committees which may include, but not be limited to, representation from the

following groups: one of whom may be a representative of the university of Rhode Island graduate

school of oceanography and the college of resources development, one of whom may be a

representative of the Sea Grant National College Program, one of whom may be a representative

of the army corps of engineers, one of whom may be a representative of the federal environmental

protection agency’s Narragansett Bay laboratory, one of whom shall be a representative of the

department, coastal resources management council, one of whom may be the director of the

department of environmental management;, one of whom may be a member of the Rhode Island

Marine Trade Association and one of whom may be a representative of a regional environmental

group. The council director shall have the authority to appoint these additional members to the

other advisory committee committees, as is deemed necessary or advisable by the advisory

committee or the council director. It shall be the responsibility of the committee to advise the

coastal resources management council department on environmental issues relating to dredging and

permitting related thereto, including, but not limited to, those issues defined in §§ 46-23-18.1 —

46-23-18.3, inclusive coastal programs.

     (d) The council shall have the authority to form committees of other advisory groups as

needed from both its own members and others.

     46-23-4. Officers of the council — Quorum and vote required for action. Attorneys

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and employees of the department.

     The governor shall select from the appointed members a chairperson and vice chairperson.

The council shall thereupon select a secretary from among its membership or staff. The council

may engage staff, including legal counsel, as it deems necessary. A quorum shall consist of six (6)

members of the council. A majority vote of those present shall be required for action.

     (a) Staff attorney. There is hereby created the position(s) of staff attorney to the director of

the department of coastal resources. The director is hereby empowered and directed to hire at least

one full-time staff attorney(s) consistent with this section. The staff attorney(s) shall be hired by

and serve at the pleasure of the director, and shall serve in the unclassified service. The position of

staff attorney(s) shall report directly to the director.

     (1) The staff attorney(s) shall be an attorney(s)-at-law and shall not otherwise engage in

the practice of law. The staff attorney(s) shall represent the director and staff on all matters,

including representation at department hearings. Nothing in this chapter shall limit the authority of

the attorney general, including the authority granted in § 42-9-6.

     (b) The director may engage staff, as the director deems necessary to carry out the

departments duties.

     (c) Notwithstanding any other law to the contrary and upon the effective date of this

section, all employees of the coastal resources management council shall be transferred to the

department of coastal resources and retain civil service status, title, rate of pay and benefits.

     46-23-4.1. Executive director of coastal resources management. Coordination of

agencies.

     The governor shall appoint, with the advice and consent of the senate, an executive director

of coastal resources management who shall be an employee of the council and who shall not be a

member of the council. The executive director shall coordinate and liaison with the director of the

department of environmental management, and the executive director’s staff shall be at the same

staff level as the other executive directors, and the executive director shall work directly with the

other division leaders. The executive director of coastal resources management shall be in the

unclassified service. The primary duty and responsibility of the executive director shall be to

continue planning for and management of the resources of the state’s coastal region directors.

     46-23-6. Powers and duties — Rights-of-way. Continuing authorities – Powers and

duties – Rights-of-way.

     All prior actions taken by the coastal resources management council including, but not

limited to, permits issued, enforcement actions taken, special area management plans, policies and

all duly promulgated regulations remain valid and enforceable by the department. In order to

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properly manage coastal resources the council has department is empowered to exercise all the

functions, powers, and duties heretofore vested in the coastal resources management council,

including, but not limited to, the following powers and duties:

     (1) Planning and management.

     (i) The primary responsibility of the council department shall be the continuing planning

for and management of the resources of the state’s coastal region. The council department 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 beneficial

use, disposal, monitoring dewatering 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 department 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 as provided for in

this chapter and in chapter 6.1 of this title, a comprehensive plan for dredging in tidal waters and

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related beneficial use, disposal, monitoring dewatering 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 department.

     (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

department'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 the department 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.

     (v) The council department shall prepare, adopt, administer, and cause to be implemented,

including specifically through its powers of coordination as set forth in subdivision (3) of this

section, a marine resources development plan and such special area management plans as the

council department may determine to be appropriate or desirable as follows:

     (A) Marine resources development plan.

     (I) The purpose of the marine resources development plan shall be to provide an integrated

strategy for: (a) improving the health and functionality of Rhode Island’s marine ecosystem; (b)

providing for appropriate marine-related economic development; and (c) promoting the use and

enjoyment of Rhode Island’s marine resources by the people of the state.

     (II) The marine resources development plan shall include specific goals and objectives

necessary to accomplish its purposes, performance measures to determine progress toward

achieving such goals and objectives, and an implementation program.

     (III) The marine resources development plan shall be prepared in cooperation with the

department of environmental management, the statewide planning program, and the commerce

corporation, with the involvement of such other state agencies as may be appropriate, and with such

technical support as may be necessary and appropriate from the Narragansett Bay Estuary Program,

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the Coastal Institute at the University of Rhode Island, and Rhode Island Sea Grant.

     (IV) The plan shall be responsive to the requirements and principles of the federal coastal

zone management act as amended, including, but not limited to, the expectations of the act for

incorporating the federal Clean Water Act into coastal zone management programs.

     (V) The marine resources development plan shall take into account local land use

management responsibilities as provided for under title 45 and harbor management responsibilities,

and the preparation of the plan shall include opportunities for involvement and/or comment by

cities and towns.

     (VI) The marine resources development plan shall be adopted by the council department

in accordance with the provisions of this subsection by July 1, 2005, shall as appropriate incorporate

the recommendations of the Governor’s Narragansett Bay and Watershed Planning Commission,

and shall be made consistent with systems level plans as appropriate, in order to effectuate the

purposes of systems level planning. The council department shall update the marine resources

development plan at least once every five (5) years.

     (VII) The council department shall administer its programs, regulations, and

implementation activities in a manner consistent with the marine resources development plan.

     (VIII) The marine resources development plan and any updates thereto shall be adopted as

appropriate as elements of the state guide plan pursuant to § 42-11-10.

     (B) Special area management plans.

     (I) The council department shall adopt such special area management plans as deemed

necessary and desirable to provide for the integration and coordination of the protection of natural

resources, the promotion of reasonable coastal-dependent economic growth, and the improved

protection of life and property in the specific areas designated council by the department as

requiring such integrated planning and coordination.

     (II) The integrated planning and coordination herein specified shall include, but not be

limited to, federal agencies, state agencies, boards, commissions, and corporations, including

specifically the commerce corporation, and cities and towns, shall utilize to the extent appropriate

and feasible the capacities of entities of higher education, including Rhode Island Sea Grant, and

shall provide for the participation of advocacy groups, community-based organizations, and private

persons.

     (III) The council department shall administer its programs, regulations, and

implementation activities in a manner consistent with special area management plans.

     (IV) Special area management plans and any updates thereto shall be adopted as

appropriate as elements of the state guide plan pursuant to § 42-11-10.

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     (2) Implementation.

     (i) The council department 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 department and

the department of environmental management have concurrent jurisdiction and upon formulation

of the plans and regulations, the council department shall, prior to adoption, submit the proposed

plans or regulations to the director of the department of environmental management for the

director’s their review. The director of the department of environmental management shall review

and submit comments to the council department within thirty (30) days of submission to the director

of the department of environmental management by the council department. The comments of the

director of the department of environmental management shall include findings with regard to the

consistency of the policies, plans and/or regulations with the requirements of laws administered by

the department of environmental management. The council director shall consider the director’s

director of the department of environmental management's comments prior to adoption of any such

policies, plans or regulations and shall respond in writing to findings of the director of the

department of environmental management with regard to the consistency of said policies, plans

and/or regulations with the requirements of laws administered by the department of environmental

management.

     (ii)(A) The council department shall have exclusive jurisdiction below mean high water for

all development, operations, and dredging, consistent with the requirements of chapter 6.1 of this

title and except as necessary for the department of environmental management to exercise its

powers and duties and to fulfill its responsibilities pursuant to §§ 42-17.1-2 and 42-17.1-24, and

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 department; or

     (III) Significantly damage the environment of the coastal region.

     (B) The council department shall be authorized to approve, modify, set conditions for, or

reject any such proposal.

     (iii) The authority of the council department 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

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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 department'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 department shall be designated on

such maps that are agreed to in writing and made available for public use by the coastal resources

management council department and the director, department of environmental management,

within three (3) months of [August 6, 1996]. The CRMC department 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 as provided in subsection (iv) of this section. Within

six (6) months of [August 6, 1996] the council The department in cooperation with the director

shall develop and maintain 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” means 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

LC005518/SUB A - Page 13 of 33

palustris), sweet grass (hierochloe odorata), and wild rye (etlymus virginicus).

     (F) Sewage treatment and disposal and solid waste disposal facilities.

     (G) Beneficial use, dewatering, and disposal of dredged material of marine origins, where

such activities take place within two hundred feet (200′) of mean high water or a coastal

physiographic feature, or where there is a reasonable probability of conflict with a plan or program

for resources management or damage to the coastal environment.

     (iv) Notwithstanding the provisions of subsections (ii) and (iii) above, the department of

environmental management shall maintain jurisdiction over the administration of chapter 1, title 2,

including permitting of freshwater wetlands alterations and enforcement, with respect to all

agricultural activities undertaken by a farmer, as that term is defined in § 2-1-22(j), wherever

located; provided, however, that with respect to activities located partially or completely within

two hundred feet (200′) of the coastal physiographic feature, the department of environmental

management shall exercise jurisdiction in consultation with the council department.

     (3) Coordination. The council department has 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 subparagraph (1)(ii)(H) of this section and chapter 6.1 of this title. The

Rhode Island resource recovery corporation prior to purchasing cover material for the state landfill

shall first contact the CRMC department to see if there is a source of suitable dredged material

available which shall be used in place of the purchase cover material. Other state agencies engaged

in the process of dump closures shall also contact the CRMC department to see if there is a source

of suitable dredged material available, which shall be used in place of the purchase cover material.

In addition, cities and towns may contact the CRMC department prior to closing city or town

controlled dump sites to see if there is a source of suitable dredge material available, which may be

used in place of the purchase cover material.

     (vi) Acting as the state’s representative to all bodies public and private on all coastal and

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aquaculture related matters.

     (4) Operations. The council department is 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.

     (vi) The council department may require an owner or operator of a commercial wharf or

pier of a marine commercial facility, as defined in 300.3 of the Rhode Island coastal resources

management program, but not including those facilities defined in 300.4 of the Rhode Island coastal

resources management program, and which is capable of offloading cargo, and is or will be subject

to a new use or a significant intensification of an existing use, to demonstrate that the commercial

wharf or pier is fit for that purpose. For the purposes of this subsection, a “commercial wharf or

pier” means a pier, bulkhead, wharf, docking facility, or underwater utilities. The council

department may order said owner or operator to provide an engineering certification to the council’s

department's satisfaction that the commercial wharf or pier is fit for the new use or intensification

of an existing use. If the council department determines that the commercial wharf or pier is not fit,

it may order the owner or operator to undertake the necessary work to make the commercial wharf

or pier safe, within a reasonable time frame. If the council department determines that the

commercial wharf or pier, because of its condition, is an immediate threat to public health and

safety it may order the commercial wharf or pier closed until the necessary work to make the

commercial wharf or pier safe has been performed and approved by the council department. All

work performed must conform to the council’s department's management program. The council

department is also given the authority to develop regulations to carry out this provision and to

impose administrative penalties of five thousand dollars ($5,000) per day up to a maximum of

twenty thousand dollars ($20,000) consistent with § 46-23-7.1 where there has been a violation of

the orders under this provision.

     (5) Rights-of-way.

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     (i) The council department is 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 department 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 department has 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 department has 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 with this subdivision, 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

of the land that may be deemed necessary for public parking.

     (v) No 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 department 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 § 42-35-10.

     (vii) A determination by the council department that a parcel is a right-of-way shall be

decided by substantial evidence.

     (viii) The council department 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 department is hereby authorized and empowered to issue assent for pre-

LC005518/SUB A - Page 16 of 33

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 department; provided, however, that the council department

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 department 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 department.

     (7) Lease of filled lands which were formerly tidal lands to riparian or littoral owners.

     (i) 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 or her upland shall apply to the council

department, which may make the 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 department. Any

lease granted by the council department shall continue the public’s interest in the filled lands

including, but not limited to, the rights of navigation, fishery, and commerce. The public trust in

the lands shall continue and run concurrently with the leasing of the lands by the state to private

individuals, corporations, or municipalities. Upon the granting of a lease by the council department,

those rights consistent with the public trust and secured by the lease shall vest in the lessee. The

council department 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.

     (ii) The lessor of the lease, at any time, for cause, may by express act cancel and annul any

lease previously made to the riparian owner when it determines that the use of the lands is violating

the terms of the lease or is inconsistent with the public trust, and upon cancellation the lands, and

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rights in the land so leased, shall revert to the state.

     (8) “Marinas” as defined in the coastal resources management program in effect as of June

1, 1997, are deemed to be one of the uses consistent with the public trust. Subdivision (7) is not

applicable to:

     (i) Any riparian owner on tidal waters in this state (and any successor in interest to the

owner) which has an assent issued by the council department to use any land under water in front

of his or her 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)

which has an assent issued by the council, which assent was in effect on June 1, 1997; and

     (iii) Any renewal of assent to a marina (or successor in interest), 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 department, are deemed to be

one of the uses consistent with the public trust. Subdivision (7) is not applicable to:

     (i) Any riparian owner on tidal waters in this state (and any successor in interest to the

owner) which has an assent issued by the council to use any land under water in front of his or her

lands as a recreational boating facility; any alteration, expansion or other activity at a recreational

boating facility (and any successor in interest) which has an assent issued by the council, which

assent was in effect as of June 1, 1997; and

     (ii) Any renewal of assent to a recreational boating facility (or successor in interest), which

assent was issued by the council and in effect on June 1, 1997.

     46-23-6.1. Newport “cliff walk” — Public right-of-way — Legal studies.

     The council department is hereby directed to carry out any and all legal studies which it

shall deem necessary in order to designate the Newport “cliff walk”, so called, as a public right-of-

way pursuant to § 46-23-6(5).

     46-23-6.2. Abandonment of rights-of-way.

     No city or town shall abandon a right-of-way designated as such by the council department

unless the council department approved the abandonment.

     46-23-7. Violations.

     (a)(1) In any instances wherein there is a violation of the coastal resources management

program, or a violation of regulations or decisions of the council department, the commissioner of

coastal resources management director shall have the power to order any person to cease and desist

or to remedy any violation of any provisions of this chapter, or any rule, regulation, assent, order,

or decision of the council department whenever the commissioner of coastal resources management

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director shall have reasonable grounds to believe that such violation has occurred.

     (2) Council Department staff, conservation officers within the department of

environmental management, and state and municipal police shall be empowered to issue written

cease and desist orders in any instance where activity is being conducted which constitutes a

violation of any provisions of this chapter, or any rule, regulation, assent, order, or decision of the

council department.

     (3) Conservation officers within the department of environmental management, council

department staff, and state and municipal police shall have authority to apply to a court of

competent jurisdiction for a warrant to enter on private land to investigate possible violations of

this chapter; provided, that they have reasonable grounds to believe that a violation has been

committed, is being committed, or is about to be committed.

     (b) Any order or notice issued pursuant to subsection (a) shall be eligible for recordation

under chapter 13 of title 34, and shall be recorded in the land evidence records in the city/town

wherein the property subject to the order is located, and any subsequent transferee of the property

shall be responsible for complying with the requirements of the order and notice.

     (c) The coastal resources management council department shall discharge of record any

notice filed pursuant to subsection (b) within thirty (30) days after the violation has been remedied.

     46-23-7.1. Administrative penalties.

     Any person who violates, or refuses or fails to obey, any notice or order issued pursuant to

§ 46-23-7(a); or any assent, order, or decision of the council department, may be assessed an

administrative penalty by the chairperson or executive director in accordance with the following:

     (1) The chairperson or executive director is authorized to assess an administrative penalty

of not more than ten thousand dollars ($10,000) for each violation of this section, and is authorized

to assess additional penalties of not more than one thousand ($1,000) for each day during which

this violation continues after receipt of a cease-and-desist order from the council department

pursuant to § 46-23-7(a), but in no event shall the penalties in aggregate exceed fifty thousand

dollars ($50,000). Prior to the assessment of a penalty under this subdivision, the property owner

or person committing the violation shall be notified by certified mail or personal service that a

penalty is being assessed. The notice shall include a reference to the section of the law, rule,

regulation, assent, order, or permit condition violated; a concise statement of the facts alleged to

constitute the violation; a statement of the amount of the administrative penalty assessed; and a

statement of the party’s right to an administrative hearing.

     (2) The party shall have twenty-one (21) days from receipt of the notice within which to

deliver to the council department a written request for a hearing. This request shall specify in detail

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the statements contested by the party. The executive director shall designate a person to act as

hearing officer. If no hearing is requested, then after the expiration of the twenty-one (21) day

period, the council department shall issue a final order assessing the penalty specified in the notice.

The penalty is due when the final order is issued. If the party shall request a hearing, any additional

daily penalty shall not commence to accrue until the council department issues a final order.

     (3) If a violation is found to have occurred, the council department may issue a final order

assessing not more than the amount of the penalty specified in the notice. The penalty is due when

the final order is issued.

     (4) The party may within thirty (30) days appeal the final order, of fine assessed by the

council department to the superior court which shall hear the assessment of the fine de novo.

     46-23-7.2. Proceedings for enforcement.

     The superior court shall have jurisdiction to enforce the provisions of this chapter, the

coastal resource management program, or any rule, regulation, assent, or order issued pursuant

thereto. Proceedings under this section may follow the course of equity, and shall be instituted and

prosecuted in the name of and at the direction of the chairperson and council director by the attorney

general or counsel designated by the council director. Proceedings provided in this section shall be

in addition to, and may be utilized in lieu of, other administrative or judicial proceedings authorized

by this chapter.

     46-23-7.4. Penalty for blocking or posting of rights-of-way.

     Any person who shall post or block any tidal water, public right-of-way, as designated by

the council department, shall be punished by a fine not exceeding one thousand dollars ($1,000) or

by imprisonment for not more than three (3) months or both; and each day the posting or blocking

continues or is repeated shall be deemed a separate offense. The chairperson of the council, through

council’s legal counsel director or the attorney general, may apply to any court of competent

jurisdiction for an injunction to prevent the unlawful posting or blocking of any tidal water, public

right-of-way.

     46-23-7.5. Prosecution of criminal violations.

     The chairperson and anyone designated by the chairperson director, without being required

to enter into any recognizance or to give surety for cost, may institute proceedings in the name of

the state. It shall be the duty of the attorney general and/or the solicitor of the city or town in which

the alleged violation has occurred to conduct the prosecution of all the proceedings. The

chairperson director may delegate his or her authority to bring prosecution by complaint and

warrant to any law enforcement officials authorized by law to bring complaints for the issuance of

search or arrest warrants pursuant to chapters 5 and 6 of title 12.

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     46-23-8. Gifts, grants, and donations.

     The council department is authorized to receive any gifts, grants, or donations made for

any of the purposes of its program, which shall be deposited as general revenues, and to disburse

and administer the gifts, grants, or donations amounts appropriated in accordance with the terms

thereof. The council department is authorized to receive any sums provided by an applicant for use

by the council department in its hearing process, which shall be deposited as general revenues, and

to disburse and administer the general revenue amounts appropriated in accordance with the rules

and regulations promulgated by the council department.

     46-23-9. Subpoena.

     The council department is hereby authorized and empowered to summon witnesses and

issue subpoenas in substantially the following form:

     Sc.

     To _______________________________________ of

_______________________________________ greeting:

     You are hereby required, in the name of the state of Rhode Island, to make your appearance

before the commission on ______________________________ department of coastal resources in

the _______________________________________ city of

_______________________________________ on the

_______________________________________ day of

_______________________________________ to give evidence of what you know relative to a

matter upon investigation by the commission on ___________________________ department of

coastal resources and produce and then and there have and give the following:

     Hereof fail not, as you will answer to default under the penalty of the law in that behalf

made and provided.

     Dated at___________the _____ day___________________________of____________

in the year ________.

     46-23-10. Cooperation of departments.

     All other departments and agencies and bodies of state government are hereby authorized

and directed to cooperate with and furnish such information as the council department shall require.

     46-23-11. Rules and regulations.

     The rules and regulations promulgated by the council department shall be subject to the

Administrative Procedures Act chapter 35 of title 42 ("administrative procedures").

     46-23-13. Application and hearing fees.

     The council department shall be authorized to establish reasonable fees for applications

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and hearings. All fees collected by the council department, including fees collected for leases, shall

be deposited as general revenues. The state controller is hereby authorized and directed to draw his

or her orders upon the general treasurer for payment of such sum or sums as may be necessary from

time to time and upon receipt by him or her of duly authenticated vouchers presented by the

commissioner of coastal resources management director.

     46-23-14. Expert testimony.

     The council department shall be authorized to engage its own expert and outside

consultants, and the council department shall be empowered to use that testimony in making its

decisions.

     46-23-15. Federal grants and interstate cooperation.

     The council department is authorized to accept any federal grants. It is further given the

power to administer land and water use regulations as necessary to fulfill their responsibilities under

the Federal Coastal Zone Management Act, 16 U.S.C. § 1451 et seq., and to acquire fee simple and

less than fee simple interests under any federal or state program. The council department is

authorized to coordinate and cooperate with other states in furtherance of its purposes. The council

department may expend those grants and appropriations. The coastal resources management

council department for the purposes of the federal Coastal Zone Management Act, 16 U.S.C. §

1451 et seq., is the coastal zone agency under §§ 301 through 313 and §§ 318 and 6217 of said act.

     46-23-15.1. Coordination of harbor safety and enforcement patrols.

     Coastal municipalities which share a common boundary along their public waters may

enter into a binding memorandum of agreement allowing for harbormasters and other officials

charged with enforcement of harbor management plan harbor ordinances from one coastal

municipality to enforce the harbor ordinances of the bordering coastal municipality upon the public

waters of the bordering coastal municipality when the coastal municipalities have harbor

management plans approved by the coastal resources management council department and the

memorandum of agreement is approved by the respective town or city councils. This binding

memorandum of agreement shall specify how each coastal municipality is to receive any fines

collected under this reciprocal enforcement agreement and the jurisdiction in which any disputes

arising out of this reciprocal enforcement agreement shall be litigated.

     46-23-16. Length of permits, licenses, and easements.

     The council department is authorized to grant permits, licenses, and easements for any term

of years or in perpetuity. Permits, licenses, or easements which are issued by the council department

for the filling of the submerged or submersible lands of the state of Rhode Island remain subject to

the public trust, and no title is conveyed by such documents. All such permits, licenses, and

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easements shall clearly state that no title is being conveyed. Permits, licenses or easements issued

by the council department are valid only with the conditions and stipulation under which they are

granted and imply no guarantee of renewal. The initial application or an application for renewal

may be subject to denial or modification. If an application is granted, said permit, license and

easement may be subject to revocation and/or modification for failure to comply with the conditions

and stipulations under which the same was issued or for other good cause. The division of coastal

resources of the department of environmental management shall transfer all of the records and files

of the former division of harbours and rivers to the council department.

     46-23-18. Prohibited activities.

     (a) No person, either as principal, agent or servant nor any firm, corporation, or any other

entity shall, without a permit issued by the coastal resources management council department,

construct a marina within two thousand feet (2000′) of a shellfish management area as defined by

rules and regulations of the department of environmental management. Such permit shall include

any permit required under subsection (b).

     (b) No person, either as principal, agent, or servant, or any firm, corporation or any other

entity, shall, within the tidal waters of the state, conduct or cause to conduct dredging,

transportation and/or disposal of dredge materials without a permit issued by the coastal resources

management council department, a water quality certification issued by the department of

environmental management pursuant to chapter 12 of this title and any permit required by the army

corps of engineers. In addition, no person, either as principal, agent, or servant, nor any firm,

corporation or any other entity, shall dispose of dredge materials other than in tidal waters without

any permit, approval or certification that may otherwise be required.

     46-23-18.1. Permitting.

     (a) Any person, either as principal, agent, or servant, or any firm, corporation or any other

entity desiring to conduct any activity or activities specified in § 46-23-18 shall file an application

for a permit with the coastal resources management council department upon forms furnished by

coastal resources management council the department.

     (b) A hearing shall be held on the application within thirty (30) days of filing.

     (c) The applicant shall bear the burden of proving that the activity or activities specified in

the application will cause no significant adverse impact upon the environment or natural resources

of the state, and the coastal resources management council department shall be empowered to deny

the application if the applicant does not demonstrate, in addition to other requirements of this

chapter, that the activity or activities will not:

     (i) Significantly adversely affect any shellfish management area as designated by the

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department of environmental management or the marine fisheries council;

     (ii) Be in a significant conflict with the marine ecology within or adjacent to the state’s

territorial waters; or

     (iii) Significantly harm or destroy existing fishing grounds.

     (d) With respect to an application seeking a permit from the coastal resources management

council department to conduct or cause to conduct dredging, transportation and/or disposal of

dredge material, the applicant shall also satisfy the council department that the proposal in the

application is consistent with a comprehensive program developed pursuant to § 46-23-6(1)(ii)(H).

     (e) In determining whether an applicant has met the burden of proof under subsection (c),

the coastal resources management council department shall apply standards that conform with the

federal Environmental Protection Agency’s applicable standards and guidelines for the

management of dredge materials, including, but not limited to, the federal Environmental

Protection Agency’s rules, regulations and guidelines for deviating from said standards.

     (f) The applicant shall, at least three (3) days before commencing any dredging, give

written notice to the coastal resources management council department of the intent to commence

the activities specified in the permit.

     46-23-18.2. Rules and regulations.

     The council, upon recommendation by the coastal resources advisory committee,

department shall issue and maintain reasonable rules and regulations governing the dredging,

transporting and disposal of all dredge materials in accordance with this chapter.

     46-23-18.3. Sites for disposal of spoil from dredge operations, selection.

     (a) The council department, upon recommendation of the coastal resources community

advisory committee, on or before the first day of January, 1999 and periodically thereafter as

necessary, shall consistent with the comprehensive programs required in § 46-23-6(1)(ii)(H),

identify and establish one or more in-water disposal sites to be used for the purpose of disposal of

dredge materials from marinas and yacht clubs.

     (b) The council department, upon recommendation of the coastal resources community

advisory committee, on or before the first day of January, 2002 and periodically thereafter as

necessary, shall and consistent with the comprehensive programs required in § 46-23-6(1)(ii)(H)

shall identify and establish one or more in-water disposal sites to be used for the purpose of disposal

of dredge materials from all sources not otherwise delineated in (a) above.

     46-23-18.4. Enforcement.

     The provisions of §§ 46-23-18 through 46-23-18.3 this chapter shall be enforced by the

coastal resources management council department. Nothing herein shall be deemed to abrogate the

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department of environmental management’s authority to enforce its water quality standards adopted

pursuant to § 46-12-3(7) or (24).

     46-23-18.5. Fees for disposal.

     The council department is authorized to impose a fee of not less than eleven dollars and

sixty-five cents ($11.65) per cubic yard for the disposal of dredge materials at the sites established

by the council department pursuant to § 46-23-18.3, with eleven dollars and sixty-five cents

($11.65) being deposited into the general fund. The amount of the fee established by the council

department pursuant to the section shall be reviewed by the council department on an annual basis

and revised as the council department deems necessary, but in no event shall the fee be set at an

amount less than eleven dollars and sixty-five cents ($11.65) per cubic yard of material.

     46-23-18.6. Coastal Resources Management Council Dredge Fund Department of

coastal resources dredge fund.

     There is hereby created a separate fund to be held by the coastal resources management

council department to be known as the dredge fund. Any amount charged above the eleven dollars

and sixty-five cents ($11.65) must be deposited into the fund and shall not be deposited into the

general fund of the state, but shall be kept by the general treasurer of the state in a separate fund

for the coastal resources management council department, and shall be paid out by the treasurer

upon the order of the council director, without the necessity of appropriation or re-appropriation by

the general assembly. Funds must be used to create additional dredging and disposal options.

     46-23-20. Administrative hearings.

     All contested cases, all contested enforcement proceedings, and all contested

administrative fines shall be heard by the administrative hearing officers, or by subcommittees as

provided in § 46-23-20.1, pursuant to the regulations promulgated by the council department;

provided, however, that no proceeding and hearing prior to the appointment of the hearing officers

shall be subject to the provisions of this section. Notwithstanding the foregoing, the commissioner

of coastal resources management director shall be authorized, in his or her their discretion, to

resolve contested licensing and enforcement proceedings through informal disposition pursuant to

regulations promulgated by the council department.

     46-23-20.1. Hearing officers — Appointment — Compensation — Subcommittee

Hearing officers -- Appointment -- Compensation.

     (a) The governor, with the advice and consent of the senate, shall appoint two (2) hearing

officers at least one hearing officer who shall be attorneys an attorney-at-law, who, prior to their

appointment, shall have practiced law for a period of not less than five (5) years for a term of five

(5) years; provided, however, if more than one hearing officer is to be appointed that the initial

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appointments shall be as follows: one hearing officer if additional hearing officers are appointed,

they shall each be appointed for a term of three (3) years and one hearing officer if additional

hearing officers are appointed, they shall each be appointed for a term of five (5) years. The

appointees shall be addressed as hearing officers.

     (b) The governor shall designate one of the hearing officers as chief hearing officer. The

hearing officers shall hear proceedings as provided by this section, and the council department,

with the assistance of the chief hearing officer, may shall promulgate such rules and regulations as

shall be necessary or desirable and consistent with the department of environmental management

administrative adjudication regulations to effect the purposes of this section.

     (c) A hearing officer shall be devoted full time to these administrative duties, and shall not

otherwise practice law while holding office nor be a partner nor an associate of any person in the

practice of law.

     (d) Compensation for hearing officers shall be determined by the unclassified pay board.

     (e) Whenever the chairperson of the coastal resources management council or, in the

absence of the chairperson, the commissioner of coastal resources makes a finding that the hearing

officers are otherwise engaged and unable to hear a matter in a timely fashion, he or she may

appoint a subcommittee which will act as hearing officers in any contested case coming before the

council. The subcommittee shall consist of at least one member; provided, however, that in all

contested cases an additional member shall be a resident of the coastal community affected. The

city or town council of each coastal community shall, at the beginning of its term of office, appoint

a resident of that city or town to serve as an alternate member of the aforesaid subcommittee should

there be no existing member of the coastal resources management council from that city or town

available to serve on the subcommittee. Any member of the subcommittee actively engaged in

hearing a case shall continue to hear the case, even though his or her term may have expired, until

the case is concluded and a vote taken thereon. Hearings before subcommittees shall be subject to

all rules of practice and procedure as govern hearings before hearing officers. Notwithstanding any

other law to the contrary, if a hearing officer is not appointed, confirmed and engaged within sixty

(60) days of the effective date of this section, or the position of hearing officer is vacant for more

than sixty (60) days, the director shall hire a hearing officer, who shall be in the unclassified service,

for a term of five (5) years and shall meet the requirements set forth in subsections (c) and (d) of

this section.

     (f) If at least one hearing officer has been appointed, confirmed and engaged or hired by

the director and is unable to hear a matter in a timely manner as required by law, the director may

hire additional hearing officer(s) employed by the state in such capacity, who shall have practiced

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law for a period of not less than five (5) years and meets the requirements set forth in subsection

(c) of this section to adjudicate pending contested cases.

     46-23-20.2. Clerk.

     The commissioner of coastal resources management director or his or her designee shall

serve as clerk to the hearing officers. The clerk shall have general charge of the office, keep a full

record of proceedings, file and preserve all documents and papers, prepare such papers and notices

as may be required, and perform such other duties as required. The commissioner director shall

have the power to issue subpoenas for witnesses and documents and to administer oaths in all cases

before any hearing officer or pertaining to the duties of his or her office.

     46-23-20.3. Prehearing procedure.

     (a) Prior to the commencement of any hearing, the hearing officer may in his or her

discretion direct the parties or their attorneys to appear before him or her for such conferences as

shall be necessary. At the conferences, the hearing officer may order any party to file, prior to the

commencement of any formal hearing, exhibits that the party intends to use in the hearing, and the

names and addresses of witnesses that the party intends to produce in its direct case, together with

a short statement of the testimony of each witness. Following entry of an order, a party shall not be

permitted, except in the discretion of the hearing officer, to introduce into evidence, in the party’s

direct case, exhibits which are not filed in accordance with the order. At the conference, the hearing

officer may designate a date before which he or she requires any party to specify what issues are

conceded, and further proof of conceded issues shall not be required. The hearing officer shall also

require the parties to simplify the issues, to consider admissions of fact and of documents which

will avoid unnecessary proof, and to limit the number of expert witnesses. The hearing officer shall

enter an order reciting the concessions and agreements made by the parties, and shall enter an order

on such other matters as are pertinent to the conduct of the hearing, and unless modified, the hearing

shall be conducted by the order.

     (b) The hearing officer may also order the parties to file, prior to the commencement of

any hearing, the testimony of any or all of their respective witnesses, and to submit the testimony

to the hearing officer and the opposing party or the opposing counsel by such date as the hearing

officer shall determine. The witness shall testify under oath, and all of the testimony shall be in a

question and answer format. Save for good cause shown, said testimony shall be the direct

examination of the witness; provided, however, that the witness shall be available at the hearing

for cross-examination by the opposing party or opposing counsel.

     (c) The council department, with the assistance of the chief hearing officer, shall

promulgate, by regulation, such other prehearing procedures and/or hearing procedures as deemed

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necessary, including the use of portions of the superior court civil rules of discovery where such

are not inconsistent with the applicable provisions of the Administrative Procedures Act, chapter

35 of title 42.

     46-23-20.4. Hearings — Orders.

     (a) Subject to the provisions of this chapter, every hearing for the adjudication of a violation

or for a contested matter shall be held before a hearing officer or a subcommittee. The If more than

one hearing officer is appointed, the chief hearing officer shall assign a hearing officer to each

matter not assigned to a subcommittee. After due consideration of the evidence and arguments, the

hearing officer shall make written proposed findings of fact and proposed conclusions of law which

shall be made public when submitted to the council department for review. The council director

may, in its their discretion, adopt, modify, or reject the findings of fact and/or conclusions of law;

provided, however, that any modification or rejection of the proposed findings of fact or

conclusions of law shall be in writing and shall state the rationales therefor.

     (b) The director of the department of environmental management and the coastal resources

management council director shall promulgate such rules and regulations, not inconsistent with

law, as to assure uniformity of proceedings as applicable.

     46-23-20.5. Ex parte consultations.

     Council members The department shall have no communication directly or indirectly, with

a hearing officer relating to any issue of fact or of law on any matter then pending before the hearing

officer.

     46-23-20.6. Oaths — Subpoenas — Powers of hearing officers.

     The hearing officers are hereby severally authorized and empowered to administer oaths,

and the hearing officers, in all cases of every nature pending before them, are hereby authorized

and empowered to summon and examine witnesses and to compel the production and examination

of papers, books, accounts, documents, records, certificates and other legal evidence that may be

necessary or proper for the determination and decision of any question before or the discharge of

any duty required by law of the hearing officer. All subpoenas and subpoena duces tecum shall be

signed by a hearing officer or the commissioner of coastal resources director, and shall be served

as subpoenas are served in civil cases in the superior court; and witnesses so subpoenaed shall be

entitled to the same fees for attendance and travel as are provided for witnesses in civil cases in the

superior court. In cases of contumacy or refusal to obey the command of the subpoena so issued,

the superior court shall have jurisdiction upon application of the council department with proof by

affidavit of the fact, to issue a rule or order returnable, in not less than two (2) nor more than five

(5) days, directing the person to show cause why he or she should not be adjudged in contempt.

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Upon return of such order, the justice, before whom the matter is brought for hearing, shall examine

under oath the person, and the person shall be given an opportunity to be heard, and if the justice

shall determine that the person has refused without reasonable cause or legal excuse to be examined

or to answer legal or pertinent questions, he or she may impose a fine upon the offender or forthwith

commit the offender to the adult correctional institutions, there to remain until he or she submits to

do the act which he or she was so required to do, or is discharged according to law.

     46-23-21. Notice of permit — Recordation.

     A notice of permit shall be eligible for recordation under chapter 13 of title 34 as

determined by the executive director, and shall be recorded at the expense of the applicant in the

land evidence records of the city or town where the property subject to permit is located, and any

subsequent transferee of the property shall be responsible for complying with the terms and

conditions of the permit. The clerk of the various cities and towns shall record any orders, findings,

or decisions of the council department at no expense to the council department.

     46-23-22. Solid waste disposal licenses — Hearings.

     The chairperson of the coastal resources management council director and the

commissioner of the environmental protection branch director of the department of environmental

management shall coordinate concurrent hearings on solid waste disposal license applications;

provided, however, that the chairperson director and the commissioner of the environmental

protection branch director of the department of environmental management may designate a

hearing officer or subcommittee to hear all matters pertaining to the application and; provided

further, that the hearing officer may be from the department of environmental management, the

coastal resources management council hearing officer, a subcommittee department, or an ad hoc

hearing officer. The commissioner of coastal resources management with the approval of the

chairperson director may waive jurisdiction in those instances where the commissioner director

finds that there is no substantive coastal resources issue or that another agency or branch has

adjudicated or addressed the issue.

     46-23-23. Municipal comprehension plan consideration.

     The coastal resources management council department shall conform to the requirements

of the Comprehensive Planning and Land Use Regulation Act, § 45-22.2.

     46-23-24. Lien on property.

     The executive director may record the notice of fee or final order of fine as a lien on the

subject property in the land evidence records of the town or city in which said property is located.

Recordation of said fee or final order of fine shall be the only manner by which said lien may be

perfected against the subject property.

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     46-23-25. Issuance of beach vehicle registration permits.

     (a) The coastal resources management council department may issue beach vehicle

registration permits in accordance with § 31-8-1.1 of the general laws and adopt regulations that

the council department deems necessary to carry out the provisions of this section. The council

department may appoint responsible citizens or corporations of the state, engaged in operating

sporting goods stores to act as agents with authority to issue permits in the manner and under the

conditions as set forth below. Before an appointment shall occur, that citizen or corporation of the

state shall deliver to the council department a bond with a surety company authorized to do business

in the state of Rhode Island. The requirements and conditions of the bond shall be established by

the regulations.

     (b) Any person or corporation appointed by the council department as provided in section

(a) above shall, upon the application of any person entitled to receive a permit under this chapter

and upon payment of the specified permit fee, register and issue to the person a beach vehicle

registration permit in the form prescribed and furnished by the council department. The permit shall

bear the name, place of residence, and signature of the registrant, and the vehicle make, model,

year, and license plate number and shall authorize the registrant to own and operate a beach vehicle

in the state of Rhode Island during those seasons and in those manners and according to those

conditions as shall be provided by regulations established by the council department.

     46-23-26. The public’s rights and privileges of the shore.

     (a) The public’s rights and privileges of the shore are established by Article I, Sections 16

and 17 of the Rhode Island Constitution.

     (b) For purposes of this chapter, the “recognizable high tide line” means a line or mark left

upon tidal flats, beaches, or along shore objects that indicates the intersection of the land with the

water’s surface level at the maximum height reached by a rising tide. The recognizable high tide

line may be determined by a line of seaweed, oil or scum along shore objects, a more or less

continuous deposit of fine shell or debris on the foreshore or berm, other physical markings or

characteristics, or other suitable means that delineate the general height reached by the water’s

surface level at a rising tide. If there is more than one line of seaweed, oil, scum, fine shell, or

debris, then the recognizable high tide line means the most seaward line. In the absence of residue

seaweed or other evidence, the recognizable high tide line means the wet line on a sandy or rocky

beach. The line encompasses the water’s surface level at spring high tides and other high tides that

occur with periodic frequency, but does not include the water’s surface level at storm surges in

which there is a departure from the normal or predicted reach of the water’s surface level due to

the piling up of water against a coast by strong winds, such as those accompanying a hurricane or

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other intense storms.

     (c) Notwithstanding any provision of the general laws to the contrary, the public’s rights

and privileges of the shore may be exercised, where shore exists, on wet sand or dry sand or rocky

beach, up to ten feet (10′) landward of the recognizable high tide line; provided, however, that the

public’s rights and privileges of the shore shall not be afforded where no passable shore exists, nor

on land above the vegetation line, or on lawns, rocky cliffs, sea walls, or other legally constructed

shoreline infrastructure. Further, no entitlement is hereby created for the public to use amenities

privately owned by other persons or entities, including, but not limited to: cabanas, decks, and

beach chairs.

     (d) Any landowner whose property abuts the shore shall, with respect to the public’s

exercise of rights and privileges of the shore as defined in this chapter, be afforded the liability

limitations pursuant to chapter 6 of title 32.

     (e) The coastal resources management council (CRMC) department in collaboration with

the department of environmental management (DEM), shall develop and disseminate information

to educate the public and property owners about the rights set out in this section.

     (f) The CRMC department in collaboration with the DEM, and the attorney general, shall

determine appropriate language and signage details for use at shoreline locations.

     SECTION 3. Chapter 46-23 of the General Laws entitled "Coastal Resources Management

Council" is hereby amended by adding thereto the following sections:

     46-23-27. Severability.

     If any provision of this chapter or the application thereof to any person or circumstances is

held invalid, that invalidity shall not affect other provisions or applications of the chapter, which

can be given effect without the invalid provision or application, and to this end the provisions of

this chapter are declared to be severable.

     46-23-28. Effective date.

     Within thirty (30) business days of the date of passage of this act, the department shall put

out for notice and comment revisions of its coastal resources management program (referred to as

"red book") and management procedures in order to implement the programmatic change from the

council to the department.

     Within seven (7) days of promulgation of the revised coastal resources management

program (referred to as "red book") and management procedures, the department shall submit a

coastal zone management act program change request to the National Oceanic and Atmospheric

Administration (NOAA) for the approval of the amendments to this statute and the management

procedures. The remaining sections of this statute shall take effect upon NOAA's approval.

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     SECTION 4. Sections 46-23-2.1, 46-23-3, 46-23-5, 46-23-6.3 and 46-23-12 of the General

Laws in Chapter 46-23 entitled "Coastal Resources Management Council" are hereby repealed.

     46-23-2.1. Members — Term of office — Vacancies.

     (a) The term of office of the appointed members shall be three (3) years, only so long as

the members shall remain eligible to serve on the council under the appointment authority.

     (b) The members are eligible for successive appointments.

     (c) Elected or appointed municipal officials shall hold seats on the council, only so long as

they remain in their elected or appointed office.

     (d) A vacancy other than by expiration shall be filled in the manner of the original

appointment but only for the unexpired portion of the term. The governor shall have the power to

remove his or her appointee for just cause.

     46-23-3. Oath of members.

     Each appointed member of the council, before entering upon his or her duties, shall take

an oath to administer the duties of his or her office faithfully and impartially, and the oath shall be

filed in the office of the secretary of state.

     46-23-5. Expenses of members.

     (a) The members of the council and the chairperson shall not be compensated for their

service on the board, but the members and chairperson shall be reimbursed for their actual expenses

necessarily incurred in the performance of their duties.

     (b) [Deleted by P.L. 2005, ch. 117, art. 21, § 34.]

     46-23-6.3. Tolling of expiration periods.

     (a) Notwithstanding any other provision set forth in this chapter, all periods pertaining to

the expiration of any approval or permit issued pursuant to any state statute or any regulation

promulgated thereto pertaining to the development of property shall be tolled until June 30, 2016.

For the purposes of this section, “tolling” means the suspension or temporary stopping of the

running of the applicable permit or approval period.

     (b) Said tolling need not be recorded in the land evidence records to be valid, however, a

notice of the tolling must be posted in the municipal planning department and near the land evidence

records.

     (c) The tolling shall apply only to approvals or permits in effect on November 9, 2009, and

those issued between November 9, 2009, and June 30, 2016, and shall not revive expired approvals

or permits.

     (d) The expiration dates for all permits and approvals issued before the tolling period began

will be recalculated as of July 1, 2016, by adding thereto the number of days between November

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9, 2009, and the day on which the permit or approval would otherwise have expired. The expiration

dates for all permits and approvals issued during the tolling period will be recalculated as of July

1, 2016, by adding thereto the number of days between the day the permit or approval was issued

and the day the permit or approval otherwise would have expired.

     46-23-12. Representation from coastal communities.

     Upon the expiration of a term of a member appointed by the governor, as an appointed or

elected official of local government from a coastal municipality as set out in § 46-23-2, the governor

shall appoint an appointed or elected official of a coastal municipality which, at the time of the

governor’s appointment, has no appointed or ex officio representation on the council.

     SECTION 5. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO WATERS AND NAVIGATION -- COASTAL RESOURCES MANAGEMENT

COUNCIL

***

     This act would replace the coastal resources management council with a state department

of coastal resources and transfer all of the powers and duties between the two (2) authorities.

     This act would take effect upon passage.

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