reglab/housing_qa huggingface dataset:
RI Gen L § 46-23-7 (2021)
2021 Rhode Island General Laws|Title 46 - Waters and Navigation|Chapter 46-23 - Coastal Resources Management Council|Section 46-23-7 - Violations.

§ 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, the commissioner of coastal resources 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 whenever the commissioner of coastal resources management shall have reasonable grounds to believe that such violation has occurred.(2) Council 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.(3) Conservation officers within the department of environmental management, council 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 shall discharge of record any notice filed pursuant to subsection (b) within thirty (30) days after the violation has been remedied.History of Section.P.L. 1971, ch. 279, § 1; P.L. 1973, ch. 197, § 2; P.L. 1976, ch. 329, § 2; P.L. 1977, ch. 270, § 4; P.L. 1980, ch. 208, § 1; P.L. 1986, ch. 296, § 1; P.L. 1987, ch. 193, § 1; P.L. 1989, ch. 516, § 1; P.L. 1990, ch. 461, § 10.
RI Gen L § 46-23-7.1 (2021)
2021 Rhode Island General Laws|Title 46 - Waters and Navigation|Chapter 46-23 - Coastal Resources Management Council|Section 46-23-7.1 - Administrative penalties.

§ 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, 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 pursuant to § 46-23-7(a), but in no event shall the penalties in aggregate exceed fifty thousand dollars ($50,000). Prior to the assessment of a penalty under this subdivision, the property owner or person committing the violation shall be notified by certified mail or personal service that a penalty is being assessed. The notice shall include a reference to the section of the law, rule, regulation, assent, order, or permit condition violated; a concise statement of the facts alleged to constitute the violation; a statement of the amount of the administrative penalty assessed; and a statement of the party's right to an administrative hearing.(2) The party shall have twenty-one (21) days from receipt of the notice within which to deliver to the council 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 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 issues a final order.(3) If a violation is found to have occurred, the council 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 to the superior court which shall hear the assessment of the fine de novo.History of Section.P.L. 1989, ch. 516, § 2; P.L. 1991, ch. 42, § 2; P.L. 1992, ch. 352, § 1; P.L. 2004, ch. 213, § 1; P.L. 2004, ch. 301, § 1; P.L. 2021, ch. 162, art. 6, § 7, effective July 1, 2021.
RI Gen L § 46-23-7.2 (2021)
2021 Rhode Island General Laws|Title 46 - Waters and Navigation|Chapter 46-23 - Coastal Resources Management Council|Section 46-23-7.2 - Proceedings for enforcement.

§ 46-23-7.2. Proceedings for enforcement.The superior court shall have jurisdiction to enforce the provisions of this chapter, the coastal resource management program, or any rule, regulation, assent, or order issued pursuant thereto. Proceedings under this section may follow the course of equity, and shall be instituted and prosecuted in the name of and at the direction of the chairperson and council by the attorney general or counsel designated by the council. 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.History of Section.P.L. 1989, ch. 516, § 2.
RI Gen L § 46-23-7.3 (2021)
2021 Rhode Island General Laws|Title 46 - Waters and Navigation|Chapter 46-23 - Coastal Resources Management Council|Section 46-23-7.3 - Criminal penalties.

§ 46-23-7.3. Criminal penalties.Any person who knowingly violates any provision of this chapter, the coastal resources management program, or any rule, regulation, assent, or order shall be guilty of a misdemeanor, and, upon conviction thereof shall be fined not more than one thousand dollars ($1,000) or by imprisonment of not more than three (3) months or both; and each day the violation is continued or repeated shall be deemed a separate offense.History of Section.P.L. 1989, ch. 516, § 2; P.L. 2021, ch. 162, art. 6, § 7, effective July 1, 2021.
RI Gen L § 46-23-7.4 (2021)
2021 Rhode Island General Laws|Title 46 - Waters and Navigation|Chapter 46-23 - Coastal Resources Management Council|Section 46-23-7.4 - Penalty for blocking or posting of rights-of-way.

§ 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, shall be punished by a fine not exceeding one thousand dollars ($1,000) or by imprisonment for not more than three (3) months or both; and each day the posting or blocking continues or is repeated shall be deemed a separate offense. The chairperson of the council, through council's legal counsel 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.History of Section.P.L. 1989, ch. 516, § 2; P.L. 2021, ch. 162, art. 6, § 7, effective July 1, 2021.
RI Gen L § 46-23-7.5 (2021)
2021 Rhode Island General Laws|Title 46 - Waters and Navigation|Chapter 46-23 - Coastal Resources Management Council|Section 46-23-7.5 - Prosecution of criminal violations.

§ 46-23-7.5. Prosecution of criminal violations.The chairperson and anyone designated by the chairperson, 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 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.History of Section.P.L. 1989, ch. 516, § 2.
RI Gen L § 46-23-8 (2021)
2021 Rhode Island General Laws|Title 46 - Waters and Navigation|Chapter 46-23 - Coastal Resources Management Council|Section 46-23-8 - Gifts, grants, and donations.

§ 46-23-8. Gifts, grants, and donations.The council 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 is authorized to receive any sums provided by an applicant for use by the council 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.History of Section.P.L. 1971, ch. 279, § 1; P.L. 1990, ch. 461, § 10; P.L. 1995, ch. 370, art. 40, § 162.
RI Gen L § 46-23-9 (2021)
2021 Rhode Island General Laws|Title 46 - Waters and Navigation|Chapter 46-23 - Coastal Resources Management Council|Section 46-23-9 - Subpoena.

§ 46-23-9. Subpoena.The council is hereby authorized and empowered to summon witnesses and issue subpoenas in substantially the following form:Sc. To _____________________________________ of _____________________________________ greeting: You are hereby required, in the name of the state of Rhode Island, to make your appearance before the commission on _____________________________________ in the _____________________________________ city of _____________________________________ on the _____________________________________ day of _____________________________________ to give evidence of what you know relative to a matter upon investigation by the commission on _____________________________________ 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 _______________________________________ .History of Section.P.L. 1971, ch. 279, § 1.
RI Gen L § 46-23-10 (2021)
2021 Rhode Island General Laws|Title 46 - Waters and Navigation|Chapter 46-23 - Coastal Resources Management Council|Section 46-23-10 - Cooperation of departments.

§ 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 shall require.History of Section.P.L. 1971, ch. 279, § 1.
RI Gen L § 46-23-11 (2021)
2021 Rhode Island General Laws|Title 46 - Waters and Navigation|Chapter 46-23 - Coastal Resources Management Council|Section 46-23-11 - Rules and regulations.

§ 46-23-11. Rules and regulations.The rules and regulations promulgated by the council shall be subject to the Administrative Procedures Act.History of Section.P.L. 1971, ch. 279, § 1.
RI Gen L § 46-23-12 (2021)
2021 Rhode Island General Laws|Title 46 - Waters and Navigation|Chapter 46-23 - Coastal Resources Management Council|Section 46-23-12 - Representation from coastal communities.

§ 46-23-12. Representation from coastal communities.Upon the expiration of a term of a member appointed by the governor, as an appointed or elected official of local government from a coastal municipality as set out in § 46-23-2, the governor shall appoint an appointed or elected official of a coastal municipality which, at the time of the governor's appointment, has no appointed or ex officio representation on the council.History of Section.P.L. 1971, ch. 279, § 1.
RI Gen L § 46-23-13 (2021)
2021 Rhode Island General Laws|Title 46 - Waters and Navigation|Chapter 46-23 - Coastal Resources Management Council|Section 46-23-13 - Application and hearing fees.

§ 46-23-13. Application and hearing fees.The council shall be authorized to establish reasonable fees for applications and hearings. All fees collected by the council, 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.History of Section.P.L. 1973, ch. 197, § 3; P.L. 1989, ch. 399, § 2; P.L. 1990, ch. 461, § 10; P.L. 1995, ch. 370, art. 40, § 162.
RI Gen L § 46-23-14 (2021)
2021 Rhode Island General Laws|Title 46 - Waters and Navigation|Chapter 46-23 - Coastal Resources Management Council|Section 46-23-14 - Expert testimony.

§ 46-23-14. Expert testimony.The council shall be authorized to engage its own expert and outside consultants, and the council shall be empowered to use that testimony in making its decisions.History of Section.P.L. 1973, ch. 197, § 3.
RI Gen L § 46-23-15 (2021)
2021 Rhode Island General Laws|Title 46 - Waters and Navigation|Chapter 46-23 - Coastal Resources Management Council|Section 46-23-15 - Federal grants and interstate cooperation.

§ 46-23-15. Federal grants and interstate cooperation.The council 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 is authorized to coordinate and cooperate with other states in furtherance of its purposes. The council may expend those grants and appropriations. The coastal resources management council 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.History of Section.P.L. 1973, ch. 197, § 3; P.L. 1991, ch. 332, § 3; P.L. 1995, ch. 76, § 2; P.L. 1995, ch. 196, § 1.
RI Gen L § 46-23-15.1 (2021)
2021 Rhode Island General Laws|Title 46 - Waters and Navigation|Chapter 46-23 - Coastal Resources Management Council|Section 46-23-15.1 - Coordination of harbor safety and enforcement patrols.

§ 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 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.History of Section.P.L. 1995, ch. 157, § 1.
RI Gen L § 46-23-16 (2021)
2021 Rhode Island General Laws|Title 46 - Waters and Navigation|Chapter 46-23 - Coastal Resources Management Council|Section 46-23-16 - Length of permits, licenses, and easements.

§ 46-23-16. Length of permits, licenses, and easements.The council 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 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 are valid only with the conditions and stipulation under which they are granted and imply no guarantee of renewal. The initial application or an application for renewal may be subject to denial or modification. If an application is granted, said permit, license and easement may be subject to revocation and/or modification for failure to comply with the conditions and stipulations under which the same was issued or for other good cause. The division of coastal resources of the department of environmental management shall transfer all of the records and files of the former division of harbours and rivers to the council.History of Section.P.L. 1973, ch. 197, § 3; P.L. 1976, ch. 329, § 3; P.L. 1991, ch. 42, § 2; P.L. 1998, ch. 358, § 1.
RI Gen L § 46-23-17 (2021)
2021 Rhode Island General Laws|Title 46 - Waters and Navigation|Chapter 46-23 - Coastal Resources Management Council|Section 46-23-17 - [Repealed.]

§ 46-23-17. [Repealed.]History of Section.P.L. 1977, ch. 270, § 5; Repealed by P.L. 2019, ch. 191, § 4, effective July 15, 2019; P.L. 2019, ch. 244, § 4, effective July 15, 2019.
RI Gen L § 46-23-18 (2021)
2021 Rhode Island General Laws|Title 46 - Waters and Navigation|Chapter 46-23 - Coastal Resources Management Council|Section 46-23-18 - Prohibited activities.

§ 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, construct a marina within two thousand feet (2000′) of a shellfish management area as defined by rules and regulations of the department of environmental management. Such permit shall include any permit required under subsection (b).(b) No person, either as principal, agent, or servant, or any firm, corporation or any other entity, shall, within the tidal waters of the state, conduct or cause to conduct dredging, transportation and/or disposal of dredge materials without a permit issued by the coastal resources management council, 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.History of Section.P.L. 1972, ch. 111, § 1; P.L. 1983, ch. 209, § 1; P.L. 1996, ch. 271, § 2; P.L. 1996, ch. 281, § 2.
RI Gen L § 46-23-18.1 (2021)
2021 Rhode Island General Laws|Title 46 - Waters and Navigation|Chapter 46-23 - Coastal Resources Management Council|Section 46-23-18.1 - Permitting.

§ 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 upon forms furnished by coastal resources management council.(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 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 to conduct or cause to conduct dredging, transportation and/or disposal of dredge material, the applicant shall also satisfy the council 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 shall apply standards that conform with the federal Environmental Protection Agency's applicable standards and guidelines for the management of dredge materials, including, but not limited to, the federal Environmental Protection Agency's rules, regulations and guidelines for deviating from said standards.(f) The applicant shall, at least three (3) days before commencing any dredging, give written notice to the coastal resources management council of the intent to commence the activities specified in the permit.History of Section.P.L. 1996, ch. 271, § 3; P.L. 1996, ch. 281, § 3.
RI Gen L § 46-23-18.2 (2021)
2021 Rhode Island General Laws|Title 46 - Waters and Navigation|Chapter 46-23 - Coastal Resources Management Council|Section 46-23-18.2 - Rules and regulations.

§ 46-23-18.2. Rules and regulations.The council, upon recommendation by the coastal resources advisory committee, shall issue reasonable rules and regulations governing the dredging, transporting and disposal of all dredge materials in accordance with this chapter.History of Section.P.L. 1996, ch. 271, § 3; P.L. 1996, ch. 281, § 3.
RI Gen L § 46-23-18.3 (2021)
2021 Rhode Island General Laws|Title 46 - Waters and Navigation|Chapter 46-23 - Coastal Resources Management Council|Section 46-23-18.3 - Sites for disposal of spoil from dredge operations, selection.

§ 46-23-18.3. Sites for disposal of spoil from dredge operations, selection.(a) The council, upon recommendation of the coastal resources advisory committee, on or before the first day of January, 1999 and periodically thereafter as necessary, shall consistent with the comprehensive programs required in § 46-23-6(1)(ii)(H) identify and establish one or more in-water disposal sites to be used for the purpose of disposal of dredge materials from marinas and yacht clubs.(b) The council, upon recommendation of the coastal resources advisory committee, 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.History of Section.P.L. 1996, ch. 271, § 3; P.L. 1996, ch. 281, § 3; P.L. 1998, ch. 359, § 1.
RI Gen L § 46-23-18.4 (2021)
2021 Rhode Island General Laws|Title 46 - Waters and Navigation|Chapter 46-23 - Coastal Resources Management Council|Section 46-23-18.4 - Enforcement.

§ 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. Nothing herein shall be deemed to abrogate the department of environmental management's authority to enforce its water quality standards adopted pursuant to § 46-12-3(7) or (24).History of Section.P.L. 1996, ch. 271, § 3; P.L. 1996, ch. 281, § 3.