2025 -- H 5453

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LC000326

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF

ENVIRONMENTAL MANAGEMENT

     Introduced By: Representatives Edwards, Cortvriend, Finkelman, Knight, Kislak,
Fogarty, Shanley, Speakman, Tanzi, and Abney

     Date Introduced: February 12, 2025

     Referred To: House State Government & Elections

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 42-17.1-4 of the General Laws in Chapter 42-17.1 entitled

"Department of Environmental Management" is hereby amended to read as follows:

     42-17.1-4. Divisions within department.

     Within the department of environmental management there are established the following

divisions:

     (1) A division of parks and recreation that shall carry out those functions of the department

relating to the operation and maintenance of parks and recreation areas and the establishment and

maintenance of such additional recreation areas as may from time to time be acquired and such

other functions and duties as may, from time to time, be assigned by the director;

     (2) A division of fish and wildlife management that shall carry out those functions of the

department relating to the administration and management of hunting and freshwater fishing; the

preservation of wetlands, marsh lands, freshwater lakes, streams, ponds, and wildlife; and such

other related functions and duties as may be assigned by the director;

     (3) A division of agriculture that shall carry out those functions of the department relating

to agriculture, and such other functions and duties as may from time to time be assigned by the

director, including, but not limited to, plant industry, farm viability, marketing and promotion,

farmland ecology and protection, plant and animal health and quarantine, pesticides, mosquito

abatement, pest survey and response, food policy and security, and, in collaboration with the

department of health, public health as it relates to farm production and direct marketing of farm

products, and those agreed upon through memorandum of agreement with the department of health

or other state agencies. The department of health shall continue to act as the lead agency for all

public health issues in the state pursuant to chapter 1 of title 23. Nothing herein contained shall

limit the department of health's statutory authority, nor shall any provision herein be construed as

a limitation upon the statutory authority of the department of health granted to the department under

title 23, nor shall any provision herein be construed to limit the authority of the department of

environmental management to enter into memoranda of agreement with any governmental agency.

The chief of the division of agriculture shall report directly to the director;

     (4) A division of coastal resources that shall carry out those functions of the department

relating to harbors and harbor lines, pilotage, flood control, shore development, construction of port

facilities, and the registration of boats and such other functions and duties as may, from time to

time, be assigned by the director, except that the division shall not be responsible for the functions

of inspection of dams and reservoirs, approving plans for construction or improvement of dams,

reservoirs, and other structures in non-tidal waters, and the operation of stream-gauging stations in

cooperation with the United States Geological Survey, and provided, further, that the division and

its staff shall be responsible through the director of environmental management to the coastal

resources management council, and the chief and the staff of the division shall serve as staff to the

council;

     (5) A division of planning and development that shall carry out those functions of the

department relating to planning, programming, acquisition of land, engineering studies, and such

other studies, as the director may direct, and that shall work with the Rhode Island board of

education, with educational institutions at all levels, and with the public in the dissemination of

information and education relating to natural resources, and shall perform the publication and

public relations functions of the department, the functions of inspection of dams and reservoirs,

approving plans for construction or improvement of dams, reservoirs, and other structures in non-

tidal waters, and the operation of stream-gauging stations in cooperation with the United States

Geological Survey;

     (6) A division of enforcement that shall enforce all of the laws and regulations of the

department and the coastal resources management council, that shall cooperate with the other

enforcement agencies of the state and its municipalities, and that shall administer all of the policing,

enforcing, licensing, registration, and inspection functions of the department and such other

functions and duties as may, from time to time, be assigned by the director;

     (7) A division of forest environment that shall carry out those functions of the department

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relating to the administration of forests and natural areas, including programs for utilization,

conservation, forest fire protection, and improvements of these areas; assisting other agencies and

local governments in urban programs relating to trees, forests, green belts, and environment and

such other functions and duties as may, from time to time, be assigned by the director;

     (8)(i) A division of boating safety that shall carry out those functions of the department

relating to the development and administration of a coordinated, safe boating program in

accordance with the Model Safe Boating Act of 1971 as approved by the National Association of

State Boating Law Administrators.

     (ii) Administration of the division of boating safety shall be the responsibility of the state

boating law administrator whose duties shall include:

     (A) The enforcement of all laws relating to the act; and

     (B) The powers vested in the state boating law administrator and boating safety

enforcement officer shall include the enforcement of laws, rules and regulations relating to

"Regulation of Boats," chapter 22 of title 46 and shall also include the power to:

     (I) Execute all warrants and search warrants for the violation of laws, rules, and regulations

relating to the act.

     (II) Serve subpoenas issued for the trial of all offenses hereunder.

     (III) To carry firearms or other weapons, concealed or otherwise, in the course of, and in

performance of, their duties under this chapter.

     (IV) To arrest without warrant and on view any person found violating any law, rule, or

regulation relating to the act; take that person before a court having jurisdiction for trial; detain that

person in custody at the expense of the state until arraignment; and to make and execute complaints

within any district to the justice or clerk of the court against any person for any of the offenses

enumerated under the act committed within the district.

     (V) Boating safety enforcement officers shall not be required to give surety for costs upon

any complaint made by him or her.

     (iii) The development and administration of a coordinated, safe boating program.

     (iv) The establishment and enforcement of such rules and regulations as are deemed

necessary to achieve the purposes of the Model Safe Boating Act as approved by the state boating

law administrators.

     (v) The state boating law administrator shall serve as the liaison to the United States Coast

Guard; and

     (9) A division of marine fisheries management that shall carry out those functions of the

department relating to the administration, management, and harvest of marine animal and plant

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species found in Rhode Island marine waters, including, but not limited to: stock assessments of

marine species; harvest of marine species regulated under a regional federal fisheries management

plan; the review of aquaculture applications before the CRMC; a commercial fishing licensing

program; fixing seasons, bag limits, size limits, possession limits, and methods of taking on any

marine plant and animal species; and such other related functions and duties as may be assigned by

the director; and

     (10) A division of coastal resources management that shall carry out those functions of the

department relating to dredging in tidal waters and as such, through the director of environmental

management, shall have the duties and responsibilities set forth in chapter 23 of title 46.

     SECTION 2. Section 46-1.1-1 of the General Laws in Chapter 46-1.1 entitled "Consistency

of Interpretation" is hereby amended to read as follows:

     46-1.1-1. Consistency of interpretation with title 46, chapter 23.

     Sections 46-1-1, 46-1-2, 46-2-2, 46-2-4, 46-6-1, 46-6-2 and 46-6-6 shall be interpreted in

a manner consistent with the designation of the division of coastal resources management council

within the department of environmental management, as the lead state agency for dredging as

provided for in § 46-23-1(e).

     SECTION 3. Section 46-6.1-5 of the General Laws in Chapter 46-6.1 entitled

"Maintenance of Marine Waterways and Boating Facilities" is hereby amended to read as follows:

     46-6.1-5. Comprehensive plan for dredged material management.

     (a) The division of coastal resources management council shall prepare, adopt and

maintain, pursuant to § 46-23-1(e), a comprehensive plan for dredged material management for

dredging that takes place in the coastal zone. The plan shall include, among other matters:

     (1) Coastal zone and upland areas that are deemed suitable, depending on the nature and

characteristics of the dredged material, for the beneficial use and disposal of dredged material;

     (2) Approved sites and/or types of areas suitable for dewatering; and

     (3) Protocols for monitoring dredged material disposal sites in the coastal zone.

     (b) The director shall by January 31, 2002, adopt by rule a list of upland sites and types of

areas suitable for beneficial use and disposal of dredged materials, and shall adopt such revisions

as may be necessary to the list no less frequently than biennially thereafter, which list shall be

incorporated in the comprehensive plan for dredged material management.

     SECTION 4. 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

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CHAPTER 46-23

DIVISION OF COASTAL RESOURCES MANAGEMENT

     SECTION 5. Sections 46-23-1, 46-23-2, 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, 46-23-20, 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

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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 division of coastal

resources management council (referred to as "CRMC" "DCRM") 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

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 division of coastal

resources management, within the department of environmental management, council as the

principal mechanism for management of the state's coastal resources.

     (d) The general assembly recognizes and declares that maintenance dredging is required to

remove natural silt accumulations; Rhode Island has not had a general maintenance dredging policy

and programs for ports, port facilities, channels, harbors, public and private marinas and boating

facilities, recreational facilities and habitat areas; other major coastal states have maintenance

dredging policies and in-water maintenance dredge disposal sites; as a result of the lack of a general

maintenance dredging policy and program and as a result there has been:

     (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

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avoid future significant direct and indirect adverse impact on the environment and economy of the

state.

     (e) The division of coastal resources management, within the department of environmental

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

     (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 its establishment in 1971, the CRMC has had the authority to manage and plan

for the preservation of the coastal resources of the state including, but not limited to, submerged

lands. This authority is hereby transferred to the division of coastal resources management within

the department of environmental management. 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 DCRM 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 DCRM 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)

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acres or more, the general assembly hereby recognizes and declares that the CRMC DCRM 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 DCRM 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 DCRM 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 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" or "DEM" means the department of environmental management.

     (ii) "Director" means the director of the department of environmental management, or their

duly appointed agent, unless stated otherwise.

     (iii) "Division" or "DCRM" means the division of coastal resources management.

     (i)(iv) "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.

     (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.

     (ii)(vi) "Tidal Lands" means those lands that are below the mean high water.

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

Transfer of authority from coastal resources management council to the division of coastal

resources management within the department of environmental management.

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

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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

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.

     (4) 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.

     (b) In addition to the foregoing voting members, the council 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. These advisory members may

represent the federal agencies such as the navy, coast guard, corps of engineers, public health

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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 advisory committee which committee,

appointed by the executive director of the coastal resources management council, 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 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 shall have the authority to appoint these additional

members to the advisory committee as is deemed necessary or advisable by the advisory committee

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

management council 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.

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

needed from both its own members and others.

     (a) 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 "division of coastal resources management." 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 environmental management".

     (b) The director of the department of environmental management ("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.

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

the division of coastal resources management.

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

assistant director of the division 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 assistant to 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.

     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 of environmental

management. In order to properly manage coastal resources the council has division is empowered

to exercise all the functions, powers, and duties heretofore vested in the coastal resources

management council, subject to the authority of the department of environmental management,

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

     (1) Planning and management.(i) The primary responsibility of the council division shall

be the continuing planning for and management of the resources of the state's coastal region. The

council division 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

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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 division of coastal resources

management 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

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 division of

coastal resources management.

     (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 division'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 division shall prepare, adopt, administer, and cause to be implemented,

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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 division 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,

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 division 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 division shall update the marine resources

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

     (VII) The council division 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.

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     (I) The council division 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 division 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.

     (2) Implementation. (i) The council department of environmental management is

authorized to formulate policies and plans and to adopt regulations necessary to implement its

various management programs. With respect to such policies and plans which relate to matters

where the coastal resources management council and the department of environmental management

have concurrent jurisdiction and upon formulation of the plans and regulations, the council division

shall, prior to adoption, submit the proposed plans or regulations to the director of the department

of environmental management for the director's review. The director shall review and submit

comments to the council division within thirty (30) days of submission to the director by the council

division. The comments of the director 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 division shall consider the director's comments prior to

adoption of any such policies, plans or regulations and shall respond in writing to findings of the

director with regard to the consistency of said policies, plans and/or regulations with the

requirements of laws administered by the department.

     (ii)(A) The council division 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 consistent with 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 Any person, firm, or governmental agency proposing any development or

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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 of environmental

management; or

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

     (B) The council division, under the jurisdiction of the department of environmental

management, shall be authorized to approve, modify, set conditions for, or reject any such proposal.

     (iii) The authority of the council division over land areas (those areas above the mean high

water mark) shall be limited to two hundred feet (200′) from the coastal physiographic feature or

to that necessary to carry out effective resources management programs. This shall be limited to

the authority to approve, modify, set conditions for, or reject the design, location, construction,

alteration, and operation of specified activities or land uses when these are related to a water area

under the agency's jurisdiction, regardless of their actual location. The council's division'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 division of coastal resources

management shall be designated on such maps that are agreed to in writing and made available for

public use by the coastal resources management council division of coastal resources management

and the director, department of environmental management, within three (3) months of [August 6,

1996]. The CRMC DCRM 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

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The division 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 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 shall exercise

jurisdiction in consultation with the council division.

     (3) Coordination. The council division, under the jurisdiction of the department of

environmental management, 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.

LC000326 - Page 16 of 36

     (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 DCRM 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 DCRM 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 DCRM 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

aquaculture related matters.

     (4) Operations. The council division, under the jurisdiction of the department of

environmental management, 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 division 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

LC000326 - Page 17 of 36

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

may order said owner or operator to provide an engineering certification to the council's division's

satisfaction that the commercial wharf or pier is fit for the new use or intensification of an existing

use. If the council division 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 division 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 division. All work performed must conform

to the council's management program. The council is also given department of environmental

management shall have 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. (i) The council division 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 division 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 of environmental management 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 division 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 division shall consider the following matters

in making its designation:

     (A) Land evidence records;

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     (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 division that a parcel is a right-of-way shall be decided

by substantial evidence.

     (viii) The council division 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 division, under the jurisdiction

of the department of environmental management, is hereby authorized and empowered to issue

assent for pre-existing residential boating facilities constructed prior to January 1, 1985. These

assents may be issued for pre-existing residential boating facilities, even though such facilities do

not meet current standards and policies of the council division; provided, however, that the council

division 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 division 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.

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     (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 division, 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 division. Any lease granted by the

council division 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 division, those rights consistent with the

public trust and secured by the lease shall vest in the lessee. The council division 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

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)

Subsection (7) of this section 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 division 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 division, are deemed to be one

of the uses consistent with the public trust. Subdivision (7) Subsection (7) of this section 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

LC000326 - Page 20 of 36

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 division and in effect on June 1, 1997.

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

     The council division 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 division

unless the council division 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 division of coastal resources

management, the commissioner of coastal resources management director of the department of

environmental management 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 division whenever the commissioner of coastal resources management

director of the department of environmental management shall have reasonable grounds to believe

that such violation has occurred.

     (2) Council Division 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 division.

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

division 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 division of coastal resources management

shall discharge of record any notice filed pursuant to subsection (b) within thirty (30) days after the

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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 division, 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 division 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 subsection, 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 division a written request for a hearing. This request shall specify in detail

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 division 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 director issues a final order.

     (3) If a violation is found to have occurred, the council director 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 director 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 director of environmental

management and council by the attorney general or counsel designated by the council director.

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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 division, 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 director

of the department of environmental management, through council's the department's legal counsel

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 director of the department of environmental management 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.

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

     The council division 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 division is authorized to receive any sums provided by an applicant for use by

the council division 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 of environmental management.

     46-23-9. Subpoena.

     The council department of environmental management 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 division of coastal resources management on _______________________

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in the ________________________ city of _____________________ on the

____________________ day of ___________________ to give evidence of what you know

relative to a matter upon investigation by the commission division of coastal resources management

on ______________________________ 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 division of coastal

resources management within the department of environmental management, shall require.

     46-23-11. Rules and regulations.

     The rules and regulations promulgated by the council department of environmental

management for the division of coastal resources management, shall be subject to the

Administrative Procedures Act.

     46-23-13. Application and hearing fees.

     The council department of environmental management shall be authorized to establish

reasonable fees for applications 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

of the department of environmental management for the division of coastal resources management.

     46-23-14. Expert testimony.

     The council division shall be authorized to engage its own expert and outside consultants,

and the council division shall be empowered to use that testimony in making its decisions.

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

     The council division 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 division is authorized

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

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may expend those grants and appropriations. The coastal resources management council division

of coastal resources management within the department of environmental management, 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 division of coastal

resources management 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 division 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 division

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

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

by the council division 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 management council of the department of environmental management shall transfer all

of the records and files of the former division of harbours and rivers and all records of the coastal

resources management council to the council department of environmental management.

     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 division of

coastal resources management, construct a marina within two thousand feet (2000′) of a shellfish

management area as defined by rules and regulations of the department of environmental

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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 division of coastal resources management, 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 division of coastal resources

management upon forms furnished by coastal resources management council the division of coastal

resources management.

     (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 division of coastal resources

management within the department of environmental management 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

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 division of coastal resources management to conduct or cause to conduct dredging,

transportation and/or disposal of dredge material, the applicant shall also satisfy the council

division 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 division of coastal resources management shall apply

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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 division of coastal resources

management of the intent to commence the activities specified in the permit.

     46-23-18.2. Rules and regulations.

     The council department of environmental management, upon recommendation by the

coastal resources advisory committee division of coastal resources management, shall issue

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 of environmental management, upon recommendation of the

coastal resources advisory committee division of coastal resources management, 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 of environmental management, upon recommendation of the

coastal resources advisory committee division of coastal resources management, on or before the

first day of January, 2002 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 all sources not

otherwise delineated in (a) above.

     46-23-18.4. Enforcement.

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

resources management council division of coastal resources management. Nothing herein shall be

deemed to abrogate the department of environmental management's authority to enforce its water

quality standards adopted pursuant to this chapter and § 46-12-3(7) or (24).

     46-23-18.5. Fees for disposal.

     The council division 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 division pursuant to § 46-23-18.3, with eleven dollars and sixty-five cents ($11.65) being

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deposited into the general fund. The amount of the fee established by the council division pursuant

to the section shall be reviewed by the council division on an annual basis and revised as the council

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 Division of coastal

resources management dredge fund.

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

council division of coastal resources management 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 division of coastal

resources management, and shall be paid out by the treasurer upon the order request of the council

division, 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 of

environmental management; 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 of the

department of environmental management shall be authorized, in his or her discretion, to resolve

contested licensing and enforcement proceedings through informal disposition pursuant to

regulations promulgated by the council department of environmental management.

     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 who shall be attorneys-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, that the initial

appointments shall be as follows: one hearing officer shall be appointed for a term of three (3) years

and one hearing officer shall 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 director of the

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department of environmental management, with the assistance of the chief hearing officer, may

promulgate such rules and regulations as shall be necessary or desirable 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 director of the department of

environmental management 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 division of coastal resources

management. 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.

     46-23-20.2. Clerk.

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

department of environmental management shall employ one individual to 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 of the department of

environmental management 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

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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 division, with the assistance of the chief hearing officer, shall promulgate,

by regulation, such other prehearing procedures and/or hearing procedures as deemed 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 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 division for review. The council division may, in its 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.

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

management council division of coastal resources management 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 Employees of the division of coastal resources management 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 and the director of the

department of environmental management, 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 division 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. 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,

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

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

     The chairperson clerk of the division of coastal resources management council and the

commissioner of the environmental protection branch of the department of environmental

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

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

branch 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 division of coastal resources management hearing officer, a subcommittee, or

an ad hoc hearing officer. The commissioner of coastal resources management hearing officer with

the approval of the chairperson director of the department of environmental management, may

waive jurisdiction in those instances where the commissioner hearing officer 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 division of coastal resources management 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.

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

     (a) The coastal resources management council division of coastal resources management

may issue beach vehicle registration permits in accordance with § 31-8-1.1 of the general laws and

adopt regulations that the council division deems necessary to carry out the provisions of this

section. The council division 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 division 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.

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     (b) Any person or corporation appointed by the council division 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. 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 division.

     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 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

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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) in collaboration division of coastal

resources management with the approval of 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 in collaboration division of coastal resources management with the DEM

approval of the department of environmental management, and the attorney general, shall

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

     SECTION 6. Chapter 46-23 of the General Laws entitled "Coastal Resources Management

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

     46-23-1.1. Transfer of authority from coastal resources management council.

     Wherever in any general or public law there is authority assigned to the coastal resources

management council, this authority shall be transferred to the division of coastal resources

management within the department of environmental management.

     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.

     (a) Within thirty (30) business days of the date of passage of this chapter, the department

of environmental management 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 division.

     (b) 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.

     SECTION 7. Sections 46-23-2.1, 46-23-3, 46-23-4 and 46-23-5 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

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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.

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

     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.

     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.]

     SECTION 8. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF

ENVIRONMENTAL MANAGEMENT

***

     This act would replace the coastal resources management council with a newly created

division of coastal resources management, a state entity within the department of environmental

management (DEM). In addition, this act would transfer all authority to the DEM with duties and

responsibilities to be carried out by the division of coastal resources management.

     This act would take effect upon passage.

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