reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-5 - Construction of Port Facilities › Section 46-5-16. - Yacht and boat moorings.

§ 46-5-16. Yacht and boat moorings.
(a)
The director of the department of environmental management shall expend such funds as are annually appropriated in purchasing, installing, and maintaining yacht and boat moorings in such harbors in Rhode Island waters as he or she may deem advisable and suitable.
(b)
The sum of five hundred dollars ($500) is hereby annually appropriated, out of any money in the treasury not otherwise appropriated, for the maintenance of such yacht and boat moorings as the director of the department of environmental management may have installed in the harbors of Narragansett Bay; and the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of such sum, or so much thereof, as may be required from time to time, upon the receipt by him or her of vouchers approved by the director of the department of environmental management. The moorings shall be available to the public without charge and particularly for the use of nonresident visiting yachtspersons; provided, however, that the moorings shall not be used for more than twelve (12) hours continuously; and provided, further, however, that the moorings shall not be used by any commercial or private persons engaging in fishing.
(c)
Any person violating any of the provisions of the preceding sentence shall, upon conviction, be fined twenty-five dollars ($25.00) for each offense.
History of Section.
P.L. 1949, ch. 2343, §§ 1-4; impl. am. P.L. 1954, ch. 3358, § 2; G.L. 1956, § 46-5-16; R.P.L. 1957, ch. 103, § 2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-6 - Obstructions to Navigation › Section 46-6-1. - Deposit of dirt and other substances in public tidewaters.

§ 46-6-1. Deposit of dirt and other substances in public tidewaters.
The director of the department of environmental management shall regulate the depositing of mud, dirt, and other substances in the public tidewaters of the state, and shall prescribe the places where they may be deposited; and every person who shall place or deposit mud, dirt, or other substances in the waters without obtaining proper authority therefor, shall be fined for each offense one hundred dollars ($100), one-half (½) thereof to the use of the state and one-half (½) thereof to the use of the complainant.
History of Section.
G.L. 1896, ch. 118, § 11; G.L. 1909, ch. 144, § 11; G.L. 1923, ch. 149, § 10; G.L. 1938, ch. 112, § 10; impl. am. P. L. 1939, ch. 660, § 100; G.L. 1956, § 46-6-1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-6 - Obstructions to Navigation › Section 46-6-2. - Approval of plans for construction of wharves and piers.

§ 46-6-2. Approval of plans for construction of wharves and piers.
All persons who shall build into or over public tidewaters, by authority of the department or by authority of the general assembly, any wharf, pier, bridge, or other structure, or drive any piles into the land under public tidewater, or fill any flats, shall, before beginning the work, give written notice to the department of environmental management of the work they intend to do, and submit plans of any proposed wharf or other structure and of the flats to be filled, and of the mode in which the work is to be performed; and no work shall be commenced until the plan and mode of performing the work shall be approved in writing by the director of the department of environmental management; and the director may alter the plans at his or her discretion and may prescribe the direction, limits, and mode of building the wharves or other structures; provided, that nothing herein contained shall be construed to impair the rights of any riparian proprietors to erect wharves authorized to be erected under any of the laws establishing harbor lines within the state or otherwise by the general assembly.
History of Section.
G.L. 1896, ch. 118, § 12; G.L. 1909, ch. 144, § 12; G.L. 1923, ch. 149, § 11; G.L. 1938, ch. 112, § 11; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-6-2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-6 - Obstructions to Navigation › Section 46-6-3. - Abatement of unauthorized encroachments on tidewater.

§ 46-6-3. Abatement of unauthorized encroachments on tidewater.
Every erection made into or encroachment upon the public tidewaters of the state, not authorized by the general assembly or by the department of environmental management, shall be deemed to be a public nuisance and shall be prosecuted as such by the attorney general.
History of Section.
G.L. 1896, ch. 118, § 14; G.L. 1909, ch. 144, § 14; G.L. 1923, ch. 149, § 13; G.L. 1938, ch. 112, § 13; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-6-3.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-6 - Obstructions to Navigation › Section 46-6-4. - Protection of Blackstone and Seekonk Rivers.

§ 46-6-4. Protection of Blackstone and Seekonk Rivers.
No person shall put any substance in the Blackstone River or in the Seekonk River, or do any act or shall permit anything within his or her control to be done or shall do or permit anything within his or her control to be continued to be done, that shall cause any substance to be put or conveyed into those rivers in such way that the navigable waters of the Seekonk River shall be injured for the purposes of navigation or in such way that the navigable channel of the river shall be diminished either in width or depth. Every person violating the provisions of this section shall be fined twenty dollars ($20.00) for each offense.
History of Section.
G.L. 1896, ch. 118, § 3; G.L. 1909, ch. 144, § 3; G.L. 1923, ch. 149, § 3; G.L. 1938, ch. 112, § 3; G.L. 1956, § 46-6-4.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-6 - Obstructions to Navigation › Section 46-6-6. - Protection of upper Narragansett Bay.

§ 46-6-6. Protection of upper Narragansett Bay.
No person shall deposit any mud, earth, sand, gravel, ashes, cinders, or other substances in the main channel of Providence River leading to the city of Providence, or in any part of the river or of Warren River or of Narragansett Bay lying east of the main channel and north of a line drawn east and west across the channel, and from the easterly line thereof to the eastern shore of the bay in the range of the lower buoy off Rumstick Point, or in the waters of Narragansett Bay within one mile of the shores of Bristol County or Hog Island; but this section shall not be so construed as to prevent the planting of oysters within the lines, or waters, or the property fitting the grounds under the waters for planting oysters thereon, or the construction of any wharf from the shores of the bay which may have been authorized by the general assembly. Every person violating any provision of this section shall be fined one hundred dollars ($100).
History of Section.
G.L. 1896, ch. 118, § 5; G.L. 1909, ch. 144, § 5; G.L. 1923, ch. 149, § 5; G.L. 1938, ch. 112, § 5; G.L. 1956, § 46-6-6.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-6 - Obstructions to Navigation › Section 46-6-7. - Protection of waters off Goat Island.

§ 46-6-7. Protection of waters off Goat Island.
No person shall set any post, drive any spile, or erect or continue any obstruction into or upon the public waters adjoining to and on the westerly side of Goat Island in the harbor of Newport, between the island and the main channel which separates the island from the island of Conanicut, or interfere with or injure any wire, torpedo, or other implement or contrivance in the waters, placed there under the authority of the United States, for use in connection with the experiments in torpedo practice carried on from Goat Island; but nothing herein contained shall be so construed as to give to the United States jurisdiction over any of the public waters to an extent which they do not already have, and this section may be modified or repealed at the pleasure of the general assembly. Every person violating any provision of this section shall be fined one hundred dollars ($100).
History of Section.
G.L. 1896, ch. 118, § 7; G.L. 1909, ch. 144, § 7; G.L. 1923, ch. 149, § 6; G.L. 1938, ch. 112, § 6; G.L. 1956, § 46-6-7.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-6 - Obstructions to Navigation › Section 46-6-8. - Duty of department to remove obstructions.

§ 46-6-8. Duty of department to remove obstructions.
Whenever a wrecked, sunken or abandoned vessel, an abandoned hulk, hull, barge or pilings, or any unlawful or unauthorized structure or thing is deposited or suffered to be or remain in the tidewaters of this state, and in the judgment of the director of the department of environmental management is, or is liable to cause or become an obstruction to the safe and convenient use of the waters for navigation and other lawful purposes, it shall be the duty of the department of environmental management, and, the department shall have power, to remove the obstruction, or cause the obstruction to be removed, in accordance with the provisions of this chapter.
History of Section.
G.L. 1896, ch. 118, § 18; G.L. 1909, ch. 144, § 18; G.L. 1923, ch. 149, § 17; G.L. 1938, ch. 112, § 17; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-6-8; P.L. 1979, ch. 266, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-6 - Obstructions to Navigation › Section 46-6-9. - Notice to owner to remove obstruction — Penalty.

§ 46-6-9. Notice to owner to remove obstruction — Penalty.
(a)
If any person resident or being in the United States is known to the director as the owner of a vessel, or any interest therein, or as having or exercising any control over the vessel as master, agent, insurer, or otherwise, or, in case of any other unlawful or unauthorized obstruction, as having alone or with others built, deposited, or caused the obstruction, or as owning, maintaining, or using the obstruction in whole or in part, the director shall give notice in writing to the owner or other person to remove the vessel or other obstruction within thirty (30) days of the date of the notice, or such extension of time as may be granted by the director.
(b)
It shall be deemed a sufficient notice to all owners and other persons, if served upon any one or more of them by the director, or by the director’s order, by delivering the notice in hand, or by leaving it at the usual place of business, residence, or abode, or by duly mailing it to the post office address of the owner or other person on whom the notice is to be served.
(c)
Failure to comply with the notice shall result in a fine of one hundred dollars ($100) per day until the obstruction is removed.
History of Section.
G.L. 1896, ch. 118, § 19; G.L. 1909, ch. 144, § 19; G.L. 1923, ch. 149, § 18; G.L. 1938, ch. 112, § 18; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-6-9; P.L. 1979, ch. 266, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-6 - Obstructions to Navigation › Section 46-6-10. - Removal of obstruction by director — Payment of cost.

§ 46-6-10. Removal of obstruction by director — Payment of cost.
(a)
If the vessel or other obstruction is: (1) Not removed at or within the time specified in the notice, and in a manner and to a place satisfactory to the director, or (2) If the vessel or other obstruction is in immediate danger of sinking or has sunk, is breaking up or has broken up, or is posing a hazard to navigation; or (3) If the vessel or other obstruction poses an imminent threat to human health or safety, including a threat of environmental contamination; and (4) If no owner or other person is known to the director upon whom the notice can be served, the director or other authorized public entity may proceed to remove the vessel or other obstruction, or to complete the removal thereof, or to cause the removal to be done, in such manner and to such place as the director or other authorized public entity shall deem best; and the necessary cost and expense of the removal, if not paid by some owner or other person liable therefor, shall, when certified by the director, be paid out of the derelict and abandoned vessel and obstruction removal account or out of the treasury of the state out of any money appropriated therefor.
(b)
Before taking temporary possession of any vessel or other obstruction, the authorized public entity must make reasonable attempts to consult with the department of the United States Coast Guard to ensure that other remedies are not available. The basis for taking temporary possession of the vessel or other obstruction must be set out in writing by the authorized public entity within seven (7) days of taking action and be submitted to the owner, if known, as soon thereafter as reasonable. If the authorized public entity has not already provided the required notice, immediately after taking possession of the vessel or other obstruction, the authorized public entity must initiate the notice provisions in § 46-6-9(a). The authorized public entity must complete the notice requirements of § 46-6-9(a) before using or disposing of the vessel or other obstruction as authorized in § 46-6-10.1.
History of Section.
G.L. 1896, ch. 118, § 20; G.L. 1909, ch. 144, § 20; G.L. 1923, ch. 149, § 19; G.L. 1938, ch. 112, § 19; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-6-10; P.L. 2012, ch. 370, § 2; P.L. 2012, ch. 389, § 2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-6 - Obstructions to Navigation › Section 46-6-10.1. - Use or disposal of vessel or other obstruction.

§ 46-6-10.1. Use or disposal of vessel or other obstruction.
(a)
After taking possession of a vessel or other obstruction, pursuant to the terms and conditions of §§ 46-6-9 and 46-9-10, the authorized public entity may use or dispose of the vessel or other obstruction in any appropriate and environmentally sound manner without further notice to any owners, but must give preference to uses that derive some monetary benefit from the vessel or other obstruction, either in whole or in scrap. If no value can be derived from the vessel or other obstruction, the authorized public entity must give preference to the least costly, environmentally sound, reasonable disposal option.
(b)
If the authorized public entity chooses to offer the vessel or other obstruction for sale at public auction, either a minimum bid may be set or a letter of credit may be required, or both, to discourage future re-abandonment of the vessel or other obstruction.
(c)
Proceeds derived from the sale of the vessel or other obstruction must first be applied to any administrative costs that are incurred by the authorized public entity during the notification procedures set forth in § 46-6-9, removal and disposal costs, and costs associated with environmental damages directly or indirectly caused by the vessel or other obstruction. If the proceeds derived from the sale of the vessel or other obstruction exceed all such costs, the remaining moneys must be applied to satisfying any liens registered against the vessel or other obstruction.
(d)
Any value derived from the sale of a vessel greater than all liens and costs incurred shall revert to the derelict and abandoned vessel and obstruction removal account established in § 46-6-10.3.
History of Section.
P.L. 2012, ch. 370, § 1; P.L. 2012, ch. 389, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-6 - Obstructions to Navigation › Section 46-6-10.2. - Derelict and abandoned vessel and obstruction removal commission.

§ 46-6-10.2. Derelict and abandoned vessel and obstruction removal commission.
(a)
There is hereby created a commission known as the derelict and abandoned vessel and obstruction removal commission which shall consist of five (5) members as follows:
(1)
One member who shall be engaged in the marine trades industry, to be appointed by the governor with advice and consent of the senate;
(2)
One member who shall represent a private, nonprofit environmental advocacy organization whose purposes include protecting and preserving Narragansett Bay, to be appointed by the governor with advice and consent of the senate;
(3)
One member who shall be a municipal harbormaster, to be appointed by the governor with advice and consent of the senate;
(4)
The director of the department of environmental management or his or her designee; and
(5)
The executive director of the coastal resources management council or his or her designee.
(b)
The chairperson shall be elected by the members of the commission.
(c)
The members appointed by the governor shall serve three (3) year terms, and be eligible for re-appointment.
(d)
The purpose of the commission shall be to prioritize the disbursement of funds from the derelict and abandoned vessel and obstruction removal account established in § 46-6-10.3.
(e)
The commission shall be advisory to the director and shall provide recommendations to the director for fund disbursement.
(f)
The commission shall develop criteria, in the form of guidelines, to prioritize removal projects undertaken pursuant to this chapter, and in accordance with the use of the derelict and abandoned vessel and obstruction removal account established in § 46-6-10.3. The guidelines shall also include guidance to the authorized public entities as to what removal activities and associated costs are reasonable and eligible for coverage by the fund. The director shall review and approve, approve with conditions, or reject these guidelines within thirty (30) days of receipt. The commission may seek to revise the guidelines at any time, by submitting such revisions to the director for review and approval. The guidelines shall be made publicly available.
History of Section.
P.L. 2012, ch. 370, § 1; P.L. 2012, ch. 389, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-6 - Obstructions to Navigation › Section 46-6-10.3. - Derelict and abandoned vessel and obstruction removal account.

§ 46-6-10.3. Derelict and abandoned vessel and obstruction removal account.
(a)
All fees assessed pursuant to § 46-6-10.4 shall be deposited into a restricted receipt account, hereby created and known as the derelict and abandoned vessel and obstruction removal account. The account is also authorized to receive fund transfers and appropriations from the general fund, and from any moneys collected pursuant to § 46-6-12. Funds from the account may only be used to cover the costs of removing, disposing, and/or selling derelict and abandoned vessels and other obstructions, including any associated administrative or environmental remediation costs, in accordance with the provisions of this chapter.
(b)
Priority for use of funds from the account is for (1) The removal of derelict and abandoned vessels that are in danger of sinking or have sunk, are breaking up or have broken up, pose a hazard to navigation, and/or pose threats to the environment; and (2) The removal of obstructions that pose a hazard to navigation, and/or pose threats to the environment.
(c)
The department shall keep all authorized public entities apprised of the balance of the derelict and abandoned vessel and obstruction removal account and the funds available for disbursement.
History of Section.
P.L. 2012, ch. 370, § 1; P.L. 2012, ch. 389, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-6 - Obstructions to Navigation › Section 46-6-10.4. - Derelict and abandoned vessel and obstruction removal fee.

§ 46-6-10.4. Derelict and abandoned vessel and obstruction removal fee.
There is hereby established a derelict and abandoned vessel and obstruction removal fee which shall be in addition to the vessel registration fee assessed pursuant to § 46-22-4(a)(1). The fee shall be assessed biennially at the time vessel registration fees are assessed by the department pursuant to § 46-22-4(a)(1). All derelict and abandoned vessel and obstruction removal fees shall be deposited in the derelict and abandoned vessel and obstruction removal account established pursuant to § 46-6-10.3. The fees shall be assessed as follows:
Overall Vessel Length (Ft)
User Fee
1-15 feet
$2.00
16-20 feet
$2.00
21-25 feet
$6.00
26-30 feet
$8.00
31-35 feet
$12.00
36-40 feet
$14.00
41-45 feet
$16.00
46-50 feet
$18.00
51 feet and above
$20.00
Pursuant to § 46-22-4(a)(1)(iii), vessels over thirty feet (30′) may, upon request, pay the derelict and abandoned vessel and obstruction removal fee, along with the registration fee annually at the rate of one-half (
1
/
2
) the biennial fee for a vessel of the same length.
History of Section.
P.L. 2012, ch. 370, § 1; P.L. 2012, ch. 389, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-6 - Obstructions to Navigation › Section 46-6-11. - Liability for cost of removing obstruction — Action for recovery.

§ 46-6-11. Liability for cost of removing obstruction — Action for recovery.
The owner of any vessel or of an interest in any vessel willfully or maliciously wrecked, sunken, or abandoned and removed as provided in § 46-6-10, whether owning, at the time the vessel first became an obstruction, or at any subsequent time before the removal is completed, and all persons having or exercising any control over the vessel or any part thereof, and, in the case of any other obstruction so removed, the person or persons originally building, depositing, or causing the obstruction, or at the time of the removal, or at any time prior thereto, owning, maintaining, or using the obstruction in whole or in part, shall be liable to pay the cost and expenses of the removal, or to repay the cost when paid out of the derelict and abandoned vessel and obstruction removal account or treasury as aforesaid; and the cost may be recovered in a civil action brought by the director in the name of the state against the owners or other persons, or against any one or more of them. The attorney general shall conduct and commence the suits. All moneys so repaid or recovered shall be paid into the derelict and abandoned vessel and obstruction removal account or treasury of the state. Any person who pays on a judgment or otherwise more than his or her proportional part of the costs and expenses aforesaid, shall have a claim for contribution against all other parties liable therefor according to their respective interests.
History of Section.
G.L. 1896, ch. 118, § 21; G.L. 1909, ch. 144, § 21; G.L. 1923, ch. 149, § 20; G.L. 1938, ch. 112, § 21; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-6-11; P.L. 2012, ch. 370, § 2; P.L. 2012, ch. 389, § 2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-6 - Obstructions to Navigation › Section 46-6-12. - Sale of object removed to pay cost of removal.

§ 46-6-12. Sale of object removed to pay cost of removal.
If the cost and expenses of removing a vessel or other obstruction as aforesaid are not paid or repaid by some owner or other person liable therefor within ten (10) days after the removal is completed, the director of the department of environmental management may sell the vessel or other obstruction, or the materials and appurtenances thereof, at public or private sale, and the net proceeds of the sale shall be paid into the derelict and abandoned vessel and obstruction removal account or treasury of the state and deducted from the amount to be repaid or recovered as provided in § 46-6-11.
History of Section.
G.L. 1896, ch. 118, § 22; G.L. 1909, ch. 144, § 22; G.L. 1923, ch. 149, § 21; G.L. 1938, ch. 112, § 21; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-6-12; P.L. 2012, ch. 370, § 2; P.L. 2012, ch. 389, § 2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-6 - Obstructions to Navigation › Section 46-6-13. - Insurer of lost vessel not liable for cost of removal.

§ 46-6-13. Insurer of lost vessel not liable for cost of removal.
No insurer of a vessel, who has paid the loss thereon, shall, by reason of the insurance, be held liable to remove the vessel, or to pay the cost and expenses of the removal, under the provisions of this chapter, unless the insurer has exercised some act of ownership or control over the vessel or some part or appurtenance thereof, or received the proceeds of the sale thereof.
History of Section.
G.L. 1896, ch. 118, § 23; G.L. 1909, ch. 144, § 23; G.L. 1923, ch. 149, § 22; G.L. 1938, ch. 112, § 22; G.L. 1956, § 46-6-13.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-6 - Obstructions to Navigation › Section 46-6-14. - Commissioner of wrecks not liable for cost — Application of property held.

§ 46-6-14. Commissioner of wrecks not liable for cost — Application of property held.
A commissioner of wrecks and shipwrecked goods shall not be liable to the provisions of this chapter by reason of anything done by the commissioner in discharge of his or her office as the commissioner; but he or she shall, upon notice and request by the director of the department of environmental management, retain and apply so much of the property in his or her possession appertaining to a wrecked vessel, or of the proceeds thereof, as may be necessary to provide for the removal of the vessel so that the vessel shall not be an obstruction in tidewaters.
History of Section.
G.L. 1896, ch. 118, § 24; G.L. 1909, ch. 144, § 24; G.L. 1923, ch. 149, § 23; G.L. 1938, ch. 112, § 23; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-6-14.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-6 - Obstructions to Navigation › Section 46-6-15. - Duty of commissioners of wrecks and harbormasters to give notice of obstructions.

§ 46-6-15. Duty of commissioners of wrecks and harbormasters to give notice of obstructions.
It shall be the duty of commissioners of wrecks and shipwrecked goods, and of harbormasters, to give immediate notice to the department of environmental management of all shipwrecks occurring in tidewaters of their respective towns and harbors and of any obstructions existing therein.
History of Section.
G.L. 1896, ch. 118, § 25; G.L. 1909, ch. 144, § 25; G.L. 1923, ch. 149, § 24; G.L. 1938, ch. 112, § 24; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-6-15.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-6 - Obstructions to Navigation › Section 46-6-16. - Application for federal reimbursement of expenses.

§ 46-6-16. Application for federal reimbursement of expenses.
It shall be the duty of the department of environmental management to make application in behalf of the state for the reimbursement of any sums expended under this chapter, which in the opinion of the director of the department of environmental management might properly be paid by the United States.
History of Section.
G.L. 1896, ch. 118, § 27; G.L. 1909, ch. 144, § 27; G.L. 1923, ch. 149, § 26; G.L. 1938, ch. 112, § 25; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-6-16.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-6 - Obstructions to Navigation › Section 46-6-17. - Severability.

§ 46-6-17. Severability.
The provisions of this chapter shall be severable and, if any of the provisions shall be held invalid, the decision of the court respecting that provision or provisions shall not affect the validity of any other provision which can be given effect without that invalid provision.
History of Section.
P.L. 2012, ch. 370, § 1; P.L. 2012, ch. 389, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-6.1 - Maintenance of Marine Waterways and Boating Facilities › Section 46-6.1-1. - Title.

§ 46-6.1-1. Title.
This chapter shall be known and may be cited as the “Marine Waterways and Boating Facilities Act of 2001.”
History of Section.
P.L. 2001, ch. 144, § 1; P.L. 2001, ch. 163, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-6.1 - Maintenance of Marine Waterways and Boating Facilities › Section 46-6.1-2. - Legislative findings.

§ 46-6.1-2. Legislative findings.
The general assembly finds and declares:
(1)
Marine transportation in the state depends on adequate depth in waterways and harbors to permit the safe passage and operation of vessels.
(2)
Recreational and commercial boating depends on the availability of channels, harbors, marinas, and mooring areas with adequate depth to permit the safe passage, movement, mooring, docking, servicing and operating vessels.
(3)
Coastal features, such as salt ponds, can be impaired as habitat if channels and breachways do not allow adequate water circulation.
(4)
Dredging and appropriate dredged material management and disposal are in the interest of the state in order to protect public health and safety, to enhance environmental quality, and to preserve the recreational opportunities and promote the economic well-being of the people of the state.
(5)
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.
History of Section.
P.L. 2001, ch. 144, § 1; P.L. 2001, ch. 163, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-6.1 - Maintenance of Marine Waterways and Boating Facilities › Section 46-6.1-3. - Purpose.

§ 46-6.1-3. Purpose.
The purposes of this chapter are:
(1)
To establish an integrated, coherent plan for dredging and dredge material management, which includes beneficial use, dewatering, in-water disposal, and upland disposal as appropriate, that sets forth the state’s program for these activities and provides guidance to persons planning to engage in these activities and to designate the council as the lead agency for implementing the purposes of this chapter.
(2)
To provide for coordinated, timely decision-making by state agencies on applications for dredging, dewatering, and for the beneficial use and in-water and upland disposal of dredged materials, with the goals of providing action, following a determination that the application is complete, on applications for these activities within one hundred eighty (180) days for applications pertaining to maintenance dredging projects and within five hundred forty (540) days for expansion projects.
(3)
To establish, for the purposes of this chapter and consistent with the requirements of the Marine Infrastructure Maintenance Act of 1996, the following in order of priority in planning for and management of dredged material, depending on the nature and characteristics of the dredged material and on reasonable cost.
(i)
Beneficial use, including specifically beach nourishment and habitat restoration and creation, in the coastal zone;
(ii)
Beneficial use in upland areas;
(iii)
Disposal.
(4)
To encourage the development of the infrastructure needed to dewater dredged materials, and to facilitate beneficial use of dredged materials in upland areas.
(5)
To encourage and facilitate the beneficial use of dredged materials by private parties.
(6)
To authorize the establishment of a means of supporting projects for dewatering dredged material and for beneficial use and disposal of dredged material at sites above mean high water by the Rhode Island infrastructure bank.
History of Section.
P.L. 2001, ch. 144, § 1; P.L. 2001, ch. 163, § 1; P.L. 2015, ch. 141, art. 14, § 14.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-6.1 - Maintenance of Marine Waterways and Boating Facilities › Section 46-6.1-4. - Definitions.

§ 46-6.1-4. Definitions.
For the purposes of this chapter, the following terms shall mean:
(1)
“Beneficial use” means the placement or use of dredged material for some productive purpose, and shall include, but not be limited to, uses such as beach nourishment, habitat creation and enhancement, brownfields redevelopment, landscaping, construction projects, and landfill cover.
(2)
“Coastal zone” means the coastal waters of the state and adjacent lands and other areas that are under the regulatory jurisdiction of the coastal resources management council pursuant to chapter 23 of this title or the federal Coastal Zone Management Act [16 U.S.C. § 1451 et seq.].
(3)
“Council” means the coastal resources management council.
(4)
“Dewatering” means actively or passively removing water from dredged material to facilitate its beneficial use or disposal.
(5)
“Department” means the department of environmental management.
(6)
“Director” means the director of the department of environmental management.
(7)
“Disposal” means nontemporary relocation and placement of dredged material other than a beneficial use.
(8)
“Disposal site” means a precise geographic area within which dredged material is disposed.
(9)
“Dredged material” means material excavated from the waters of the state, including rock, gravel, sand, clay, silt, mud, organic material, and material discarded by humans.
(10)
“Executive director” means the executive director of the coastal resources management council.
(11)
“Habitat” means the specific area or environment in which a particular plant or animal lives.
(12)
“Person” means any individual, group of individuals, firm, corporation, association, partnership or private or public entity, including a district, county, city, town, or other governmental unit or agent thereof, and in the case of a corporation, any individual having active and general supervision of the properties of such corporation.
(13)
“Site” means all contiguous land, structures, and appurtenances and improvements.
(14)
“Site operator” means the person who is responsible for the operation of activities at a beneficial use, dewatering, or disposal site for dredged materials.
(15)
“Site owner” means the person who owns all or a part of a beneficial use, dewatering, or disposal site for dredged materials.
(16)
“Upland areas” means areas that are not in the coastal zone.
History of Section.
P.L. 2001, ch. 144, § 1; P.L. 2001, ch. 163, § 1; P.L. 2007, ch. 340, § 40.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-6.1 - Maintenance of Marine Waterways and Boating Facilities › Section 46-6.1-5. - Comprehensive plan for dredged material management.

§ 46-6.1-5. Comprehensive plan for dredged material management.
(a)
The 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.
History of Section.
P.L. 2001, ch. 144, § 1; P.L. 2001, ch. 163, § 1; P.L. 2007, ch. 340, § 40.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-6.1 - Maintenance of Marine Waterways and Boating Facilities › Section 46-6.1-6. - Interagency coordination.

§ 46-6.1-6. Interagency coordination.
(a)
The council and the department shall jointly prepare and adopt, no later than January 1, 2002, protocols and guidelines for coordinated review and action on applications made pursuant to § 46-6.1-6, which shall among other things provide for:
(1)
The elimination of redundant and duplicative processes and reviews;
(2)
A joint pre-application meeting with the applicant;
(3)
A timely, joint determination of the completeness of applications, following a suitability determination made by the U.S. Army Corps of Engineers; and
(4)
The designation of a project manager for each dredging application who shall coordinate review of the application and serve as the single point of contact for the applicant.
(b)
The council, with advice from the department, shall adopt protocols and a plan for monitoring dredged material disposal sites in the coastal zone, which protocols and plan shall be an element of the comprehensive plan for dredged material management and which provide for oversight by the department of matters that are in its jurisdiction pursuant to authority delegated by federal law.
History of Section.
P.L. 2001, ch. 144, § 1; P.L. 2001, ch. 163, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-6.1 - Maintenance of Marine Waterways and Boating Facilities › Section 46-6.1-7. - Applications for approval of dredging, beneficial use, and disposal.

§ 46-6.1-7. Applications for approval of dredging, beneficial use, and disposal.
(a)
Any person proposing to dredge in the coastal zone, or to dewater or to engage in the beneficial use or disposal of dredged material from the coastal zone, shall be required to obtain approval from the council, and from the department pursuant to § 42-17.1-24 as appropriate, before undertaking such activity. An application for approval or approvals shall be made to the council and shall include, among any other matters that may be required, a statement of how it addresses the priorities for dredged material management set forth in § 46-6.1-2 and of how it is consistent with a plan adopted by the council pursuant to § 46-6.1-5. Any application for maintenance dredging of dredged material that is suitable for in-water disposal or appropriate for a beneficial use provided for in the comprehensive plan for dredged material management shall be considered as having the priority assigned to a project of critical economic concern pursuant to chapter 117 of title 42 and shall be provided, in order to accomplish the purpose set forth in § 46-6.1-2(2), expeditious agency review according to procedures established under § 42-117-8, as appropriate.
(b)
Notwithstanding the provisions of any rule, resolution, or ordinance, adopted under § 31-25-26, to the contrary, approval by the council shall constitute approval to operate appropriate motor vehicles in a manner necessary to implement the provisions of an approved application.
History of Section.
P.L. 2001, ch. 144, § 1; P.L. 2001, ch. 163, § 1; P.L. 2007, ch. 340, § 40.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-6.1 - Maintenance of Marine Waterways and Boating Facilities › Section 46-6.1-8. - Exemption from liability.

§ 46-6.1-8. Exemption from liability.
Notwithstanding any other provision of the Rhode Island general laws to the contrary, whenever the council and the director have approved the beneficial use, dewatering or disposal of dredged material, the applicant, the site owner and/or the site operator, and any successors or assigns, shall not be responsible for any current and future liability that arises out of the approved beneficial use, dewatering or disposal and that is associated with the release or threatened release from the dredged material, provided there is compliance with the conditions imposed by the approval, and further provided that with regard to the beneficial use, dewatering or disposal, the site owner and/or the site operator, and any successors or assigns have acted in a responsible and prudent manner.
History of Section.
P.L. 2001, ch. 144, § 1; P.L. 2001, ch. 163, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-6.1 - Maintenance of Marine Waterways and Boating Facilities › Section 46-6.1-9. - Cooperation of other agencies.

§ 46-6.1-9. Cooperation of other agencies.
(a)
In order to accomplish the purposes of this chapter to provide for beneficial use, dewatering, and disposal of dredged material:
(1)
State agencies, departments, corporations, authorities, boards, commissions, including, but not limited to, the department of administration, the department of transportation, the Rhode Island infrastructure bank, the Rhode Island commerce corporation, the Narragansett Bay commission, and the Rhode Island resource recovery corporation, and political subdivisions, shall cooperate with the council in developing and implementing the comprehensive plan for dredged material management;
(2)
The council shall seek federal acceptance of the comprehensive plan for dredged material management as an element of the state’s coastal zone management program and shall pursue such federal approvals and general permits as may facilitate expeditious action on dredging applications that are consistent with the plan;
(3)
The commerce corporation shall:
(i)
Make available by October 31, 2004, a site to use as a dewatering site for dredged material, which site shall be available for dewatering dredged material until at least September 30, 2012, and may continue to be available thereafter for periods of not less than six (6) months, upon the request of the council and the approval of the corporation; and
(ii)
With advice from the council and the department, develop and implement a program to market dredged material for beneficial use by private persons, including but limited to brownfield reclamation projects; and
(4)
The council, with the cooperation of the department and the Rhode Island infrastructure bank, shall develop a proposal for a fund, which may be used as provided for in § 46-12.2-4.1, to support projects for dewatering dredged material for beneficial use and disposal of dredged material at sites above mean high water and for confined aquatic disposal of dredged materials, which proposal shall be submitted to the general assembly not later than February 15, 2002.
(b)
The fund shall not be established or go into effect unless it has been approved by the general assembly.
History of Section.
P.L. 2001, ch. 144, § 1; P.L. 2001, ch. 163, § 1; P.L. 2004, ch. 584, § 1; P.L. 2007, ch. 340, § 40; P.L. 2015, ch. 141, art. 14, § 14.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-6.1 - Maintenance of Marine Waterways and Boating Facilities › Section 46-6.1-10. - Transitional provisions.

§ 46-6.1-10. Transitional provisions.
In order to provide time sufficient for adoption of rules, protocols, guidelines, and plans required by this chapter and to review and act on current dredging projects and applications, the council and the department shall continue in full force and effect such rules, regulations, plans, and programs for dredging, which are not contrary to the purposes of this chapter, until the rules, protocols, guidelines, and plans required by this chapter are adopted; and any rule, regulation, protocol, guideline, or plan, including appendix “B” to the solid waste regulations of the department, that is consistent with the purposes and/or requirements of this chapter, which was prepared or adopted under authority that existed prior to July 10, 2001 shall remain in effect.
History of Section.
P.L. 2001, ch. 144, § 1; P.L. 2001, ch. 163, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-7 - Stakes and Buoys › Section 46-7-1. - Marking of Pawtucket River channel.

§ 46-7-1. Marking of Pawtucket River channel.
The director of the department of environmental management shall accurately mark the channel of the Pawtucket River by erecting and placing suitable stakes and buoys along the sides of the channel at the request and for the convenience of persons interested in the navigation of the river. Whatever expenses shall be incurred in the performance of these duties shall be paid from any appropriation which the department of environmental management is or may hereafter be authorized to expend.
History of Section.
G.L. 1896, ch. 118, § 1; P.L. 1901, ch. 809, § 28; G.L. 1909, ch. 144, § 1; P.L. 1918, ch. 1669, § 4; G.L. 1923, ch. 149, § 1; G.L. 1938, ch. 112, § 1; impl. am. P.L. 1939, ch. 660, § 100; G.L. 1956, § 46-7-1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-7 - Stakes and Buoys › Section 46-7-2. - Misuse or injury to Pawtucket River channel markers.

§ 46-7-2. Misuse or injury to Pawtucket River channel markers.
The owner or the person having charge of any vessel, scow, boat, seine, or raft of any kind, which shall be made fast to any stake or buoy erected or placed for the security or guidance of vessels navigating the river, and every person who shall in any way willfully injure, remove, or destroy any of the stakes or buoys placed, shall be fined not exceeding one hundred dollars ($100) and not less than twenty dollars ($20.00), one-half (½) thereof to the use of the state and one-half (½) thereof to the use of the complainant, or be imprisoned not exceeding six (6) months nor less than ten (10) days.
History of Section.
G.L. 1896, ch. 118, § 2; G.L. 1909, ch. 144, § 2; G.L. 1923, ch. 149, § 2; G.L. 1938, ch. 112, § 2; G.L. 1956, § 46-7-2.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-7 - Stakes and Buoys › Section 46-7-3. - Misuse or injury to federally placed markers in upper Narragansett Bay.

§ 46-7-3. Misuse or injury to federally placed markers in upper Narragansett Bay.
Every owner and every person having the charge of any vessel, scow, boat, seine, or raft of any kind, which shall be made fast to any stake or buoy which has been or shall be placed, at the expense of the United States, for the security and direction of vessels either in Providence River or in any part of Narragansett Bay or the waters thereof north of Conimicut Point or in Warren River, and every person who shall in any way injure or destroy any of the stakes and buoys placed, shall forfeit ten dollars ($10.00); two-thirds (⅔) thereof to the use of the United States, in order to replace the stake or buoy, and one-third (⅓) thereof to the use of the person who shall sue for the replacement stake or buoy.
History of Section.
G.L. 1896, ch. 116, § 1; G.L. 1909, ch. 142, § 1; G.L. 1923, ch. 147, § 1; G.L. 1938, ch. 113, § 1; G.L. 1956, § 46-7-3; P.L. 1996, ch. 404, § 37.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-7 - Stakes and Buoys › Section 46-7-4. - Venue of forfeiture actions — Limitation.

§ 46-7-4. Venue of forfeiture actions — Limitation.
For any offense committed in Providence River or in any part of Narragansett Bay or the waters thereof north of Conimicut Point, the action may be brought in the county of Providence or in the county of Kent, and the part of the forfeiture belonging to the United States for the offense shall be paid to the collector of the district of Rhode Island; and for any offense committed in Warren River the action may be brought in the county of Bristol, and the part of the forfeiture belonging to the United States for the offense shall be paid to the collector of the district of Rhode Island; and all forfeitures that may accrue under § 46-7-3 shall be sued for within six (6) months after they shall accrue.
History of Section.
G.L. 1896, ch. 116, § 2; G.L. 1909, ch. 142, § 2; G.L. 1923, ch. 147, § 2; G.L. 1938, ch. 113, § 2; G.L. 1956, § 46-7-4.