reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-23 - Coastal Resources Management Council › Section 46-23-18.5. - Fees for disposal.

§ 46-23-18.5. Fees for disposal.
The council 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 pursuant to § 46-23-18.3, with eleven dollars and sixty-five cents ($11.65) being deposited into the general fund. The amount of the fee established by the council pursuant to the section shall be reviewed by the council 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.
History of Section.
P.L. 2006, ch. 246, art. 36, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-23 - Coastal Resources Management Council › Section 46-23-18.6. - Coastal Resources Management Council Dredge Fund.

§ 46-23-18.6. Coastal Resources Management Council Dredge Fund.
There is hereby created a separate fund to be held by the coastal resources management council 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, and shall be paid out by the treasurer upon the order of the council, without the necessity of appropriation or re-appropriation by the general assembly. Funds must be used to create additional dredging and disposal options.
History of Section.
P.L. 2006, ch. 246, art. 36, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-23 - Coastal Resources Management Council › Section 46-23-20. - Administrative hearings.

§ 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; 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 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.
History of Section.
P.L. 1985, ch. 212, § 2; P.L. 1990, ch. 461, § 10.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-23 - Coastal Resources Management Council › Section 46-23-20.1. - Hearing officers — Appointment — Compensation — Subcommittee.

§ 46-23-20.1. Hearing officers — Appointment — Compensation — Subcommittee.
(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, 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 makes a finding that the hearing officers are otherwise engaged and unable to hear a matter in a timely fashion, he or she may appoint a subcommittee which will act as hearing officers in any contested case coming before the council. The subcommittee shall consist of at least one member; provided, however, that in all contested cases an additional member shall be a resident of the coastal community affected. The city or town council of each coastal community shall, at the beginning of its term of office, appoint a resident of that city or town to serve as an alternate member of the aforesaid subcommittee should there be no existing member of the coastal resources management council from that city or town available to serve on the subcommittee. Any member of the subcommittee actively engaged in hearing a case shall continue to hear the case, even though his or her term may have expired, until the case is concluded and a vote taken thereon. Hearings before subcommittees shall be subject to all rules of practice and procedure as govern hearings before hearing officers.
History of Section.
P.L. 1990, ch. 461, § 11.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-23 - Coastal Resources Management Council › Section 46-23-20.2. - Clerk.

§ 46-23-20.2. Clerk.
The commissioner of coastal resources or his or her designee shall serve as clerk to the hearing officers. The clerk shall have general charge of the office, keep a full record of proceedings, file and preserve all documents and papers, prepare such papers and notices as may be required, and perform such other duties as required. The commissioner 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.
History of Section.
P.L. 1990, ch. 461, § 11.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-23 - Coastal Resources Management Council › Section 46-23-20.3. - Prehearing procedure.

§ 46-23-20.3. Prehearing procedure.
(a)
Prior to the commencement of any hearing, the hearing officer may in his or her discretion direct the parties or their attorneys to appear before him or her for such conferences as shall be necessary. At the conferences, the hearing officer may order any party to file, prior to the commencement of any formal hearing, exhibits that the party intends to use in the hearing, and the names and addresses of witnesses that the party intends to produce in its direct case, together with a short statement of the testimony of each witness. Following entry of an order, a party shall not be permitted, except in the discretion of the hearing officer, to introduce into evidence, in the party’s direct case, exhibits which are not filed in accordance with the order. At the conference, the hearing officer may designate a date before which he or she requires any party to specify what issues are conceded, and further proof of conceded issues shall not be required. The hearing officer shall also require the parties to simplify the issues, to consider admissions of fact and of documents which will avoid unnecessary proof, and to limit the number of expert witnesses. The hearing officer shall enter an order reciting the concessions and agreements made by the parties, and shall enter an order on such other matters as are pertinent to the conduct of the hearing, and unless modified, the hearing shall be conducted by the order.
(b)
The hearing officer may also order the parties to file, prior to the commencement of any hearing, the testimony of any or all of their respective witnesses, and to submit the testimony to the hearing officer and the opposing party or the opposing counsel by such date as the hearing officer shall determine. The witness shall testify under oath, and all of the testimony shall be in a question and answer format. Save for good cause shown, said testimony shall be the direct examination of the witness; provided, however, that the witness shall be available at the hearing for cross-examination by the opposing party or opposing counsel.
(c)
The council, 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.
History of Section.
P.L. 1990, ch. 461, § 11.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-23 - Coastal Resources Management Council › Section 46-23-20.4. - Hearings — Orders.

§ 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 for review. The council 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.
(b)
The director of the department of environmental management and the coastal resources management council shall promulgate such rules and regulations, not inconsistent with law, as to assure uniformity of proceedings as applicable.
History of Section.
P.L. 1990, ch. 461, § 11.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-23 - Coastal Resources Management Council › Section 46-23-20.5. - Ex parte consultations.

§ 46-23-20.5. Ex parte consultations.
Council members 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.
History of Section.
P.L. 1990, ch. 461, § 11.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-23 - Coastal Resources Management Council › Section 46-23-20.6. - Oaths — Subpoenas — Powers of hearing officers.

§ 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 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 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.
History of Section.
P.L. 1990, ch. 461, § 11.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-23 - Coastal Resources Management Council › Section 46-23-21. - Notice of permit — Recordation.

§ 46-23-21. Notice of permit — Recordation.
A notice of permit shall be eligible for recordation under chapter 13 of title 34 as determined by the executive director, and shall be recorded at the expense of the applicant in the land evidence records of the city or town where the property subject to permit is located, and any subsequent transferee of the property shall be responsible for complying with the terms and conditions of the permit. The clerk of the various cities and towns shall record any orders, findings, or decisions of the council at no expense to the council.
History of Section.
P.L. 1988, ch. 423, § 1; P.L. 1990, ch. 461, § 10.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-23 - Coastal Resources Management Council › Section 46-23-22. - Solid waste disposal licenses — Hearings.

§ 46-23-22. Solid waste disposal licenses — Hearings.
The chairperson of the 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 hearing officer, a subcommittee, or an ad hoc hearing officer. The commissioner of coastal resources management with the approval of the chairperson may waive jurisdiction in those instances where the commissioner finds that there is no substantive coastal resources issue or that another agency or branch has adjudicated or addressed the issue.
History of Section.
P.L. 1989, ch. 508, § 8; P.L. 1990, ch. 461, § 10.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-23 - Coastal Resources Management Council › Section 46-23-23. - Municipal comprehension plan consideration.

§ 46-23-23. Municipal comprehension plan consideration.
The coastal resources management council shall conform to the requirements of the Comprehensive Planning and Land Use Regulation Act, § 45-22.2.
History of Section.
P.L. 1992, ch. 133, art. 114, § 6.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-23 - Coastal Resources Management Council › Section 46-23-24. - Lien on property.

§ 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.
History of Section.
P.L. 1992, ch. 355, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-23 - Coastal Resources Management Council › Section 46-23-25. - Issuance of beach vehicle registration permits.

§ 46-23-25. Issuance of beach vehicle registration permits.
(a)
The coastal resources management council may issue beach vehicle registration permits in accordance with § 31-8-1.1 of the general laws and adopt regulations that the council deems necessary to carry out the provisions of this section. The council 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 a bond with a surety company authorized to do business in the state of Rhode Island. The requirements and conditions of the bond shall be established by the regulations.
(b)
Any person or corporation appointed by the council 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.
History of Section.
P.L. 2007, ch. 322, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-23 - Coastal Resources Management Council › Section 46-23-26. - The public’s rights and privileges of the shore.

§ 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 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 with the department of environmental management (DEM), shall develop and disseminate information to educate the public and property owners about the rights set out in this section.
(f)
The CRMC in collaboration with the DEM, and the attorney general, shall determine appropriate language and signage details for use at shoreline locations.
History of Section.
P.L. 2023, ch. 340, § 2, effective June 26, 2023; P.L. 2023, ch. 341, § 2, effective June 26, 2023.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-23.1 - The Coastal and Estuary Habitat Restoration Program and Trust Fund › Section 46-23.1-1. - Findings and purpose.

§ 46-23.1-1. Findings and purpose.
Coastal and estuarine habitat such as coastal wetlands, anadromous fish runs, and eelgrass beds are threatened, damaged, or have been destroyed by historic pollution, oil spills, incompatible development, and other factors. The coastal and estuarine habitats of Rhode Island’s waters provide great benefits to the citizens of this state including, but not limited to, protection from coastal storms and erosion. Coastal and estuarine habitat resources also serve as nurseries and breeding grounds for important recreational and commercial finfish and shellfish populations, capture and filter run-off pollution, and significantly contribute to the state’s economic, community and ecological health. Restoration of tidally restricted coastal wetlands can also ensure protection of human health and safety by controlling populations of certain salt marsh mosquitoes known to carry the Eastern Equine Encephalitis virus. The state’s economy is directly dependent on the health and productivity of Rhode Island’s coastal waters, including Narragansett Bay and the coastal ponds. Destruction of coastal and estuarine habitats has been identified as one of the leading causes of decline in economically important fish, shellfish, and other natural resources. Restoring degraded coastal and estuarine habitats is essential for reversing declines in fishery resources and protecting human health and safety. Since healthy and diverse coastal and estuarine habitats are better able to support fish and wildlife resources that have been impacted, and are likely to be impacted in the future, by pollution events such as oil spills, an investment by the state of Rhode Island to provide restoration planning and technical expertise and to implement measures to restore coastal and estuary habitats is vital to the economic prosperity and quality of life of the citizens of the state.
History of Section.
P.L. 2002, ch. 62, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-23.1 - The Coastal and Estuary Habitat Restoration Program and Trust Fund › Section 46-23.1-2. - Definitions.

§ 46-23.1-2. Definitions.
For the purposes of this chapter, the following definitions shall apply:
(1)
“Council” means the coastal resources management council, its director or designee;
(2)
“Degraded habitat” means a habitat that has been negatively affected by human impacts, resulting in the loss or impairment of the following ecological functions including, but not limited to: finfish, shellfish, and wildlife nursery, spawning and foraging; water quality maintenance; pollutant removal; biological diversity; aquatic productivity; mosquito control; flood and storm damage; and erosion protection;
(3)
“Director” means the director of the department of environmental management, or his or her designee;
(4)
“Estuary” means a body of water where water from rivers, streams or groundwater meets salt water from the ocean;
(5)
“Habitat” means an area or place where plants or animals live. Rhode Island coastal and estuarine environments include a diversity of habitat types that provide food, nesting and resting areas, and shelter for fish and wildlife. For purposes of this chapter, types of habitat include: coastal wetlands, such as salt and brackish marshes; sea grass meadows, including eelgrass (Zostera marina); and widgeon grass (Ruppia maritima); and anadromous fish runs;
(6)
“Restoration” means the act, process, or result of returning a habitat to an approximation of its condition prior to disturbance. Restoration activities may include, but are not limited to, the reestablishment of physical parameters, including reestablishing or maintaining hydrology, whether by reestablishing river or tidal flow, restoring flood regimes, or reestablishing topography; control of exotic, non-native or invasive species of plants or animals; revegetation through native plantings or natural succession; removal of barriers or construction of fish ladders to provide passage for spawning or migrating fish; or controlling, reducing or eliminating other specific adverse impacts;
(7)
“The program” means the Rhode Island interagency coastal and estuarine habitat restoration program as described in § 46-23.1-5;
(8)
“The strategy” means the statewide coastal and estuarine habitat restoration strategy as described in § 46-23.1-5;
(9)
“The trust” means the Rhode Island coastal and estuarine habitat restoration trust fund, as described in § 46-23.1-3.
History of Section.
P.L. 2002, ch. 62, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-23.1 - The Coastal and Estuary Habitat Restoration Program and Trust Fund › Section 46-23.1-4. - Allocation of the trust.

§ 46-23.1-4. Allocation of the trust.
Funds from the trust shall be used to carry out the purposes of this chapter as follows:
(1)
The administrative, personnel and equipment expenses required to carry out the activities of the program as described in this chapter. The council shall be responsible for submitting annual budget requests for its administrative and implementation costs of the program;
(2)
The design, planning, construction, and monitoring of coastal and estuarine restoration projects as described in § 46-23.1-5; and
(3)
Restoration projects that are not identified by the statewide coastal and estuary habitat restoration plan nor approved through the restoration grants process shall not be eligible for funding under this program.
History of Section.
P.L. 2002, ch. 62, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-23.1 - The Coastal and Estuary Habitat Restoration Program and Trust Fund › Section 46-23.1-5.1. - Eligibility.

§ 46-23.1-5.1. Eligibility.
In order to be eligible for direct grant assistance from the fund, applicants must demonstrate all of the following:
(1)
Demonstrate the ability to accomplish the project;
(2)
Compliance with any applicable element of the state estuary and coastal habitat restoration strategy; and
(3)
Successful completion of an estuary and coastal habitat restoration application as developed by the technical committee, and a favorable recommendation of grant assistance from the technical committee to the council.
History of Section.
P.L. 2002, ch. 62, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-23.1 - The Coastal and Estuary Habitat Restoration Program and Trust Fund › Section 46-23.1-6. - Interim project approval.

§ 46-23.1-6. Interim project approval.
Prior to formal adoption of the statewide coastal and estuarine habitat restoration strategy individual projects that meet the definition of restoration contained in § 46-23.1-2 and have been previously identified by state or federal agencies may be approved by the program, in consultation with the technical advisory committee. Such projects may be submitted for funding as described in § 46-23.1-5(3)(i).
History of Section.
P.L. 2002, ch. 62, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-23.2 - The Comprehensive Watershed and Marine Monitoring Act of 2004 › Section 46-23.2-1. - Title.

§ 46-23.2-1. Title.
The chapter shall be known and may be cited as “The Comprehensive Watershed and Marine Monitoring Act of 2004.”
History of Section.
P.L. 2004, ch. 144, § 1; P.L. 2004, ch. 210, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-23.2 - The Comprehensive Watershed and Marine Monitoring Act of 2004 › Section 46-23.2-2. - Legislative findings.

§ 46-23.2-2. Legislative findings.
(a)
The general assembly finds and declares that there is a need for an environmental monitoring system in the state that is capable of:
(1)
Measuring the changing conditions in the functionality and health of the waters of the state, including, but not limited to, Narragansett Bay and its watersheds, with one purpose being identifying and predicting potential problems in the marine and freshwater habitats;
(2)
Providing a data-based management system that employs central database via the internet to store an internet-based electronic system to monitor, store and disseminate the analysis of this data to decision-makers and the public;
(3)
Establishing a mechanism to coordinate and make consistent, monitoring efforts between government agencies, municipalities, nonprofit organizations and universities; and
(4)
Providing the comprehensive data needed to assess a sudden perturbation in the marine and freshwater environments and to contribute to efforts of disaster prevention, preparedness, response and recovery as defined in chapter 15 of title 30 entitled “The Rhode Island Emergency Management Act.”
(b)
The general assembly recognizes and declares that the health of the waters of the state, including, but not limited to, Narragansett Bay and its watersheds needs to be monitored comprehensively on a long-term basis in order to be proactive in planning and responsive to potential problems in the environment, including those that may arise due to a changing climate. The availability of consistent environmental data supports planning and management and provides resource managers, decision-makers and citizens with information on how marine and freshwater habitats are responding to management programs and what adjustments need to be made to existing programs or what new programs must be implemented to achieve healthy marine and freshwater environments.
(c)
The general assembly recognizes the need for an integrated mechanism by which individual monitoring efforts can be coordinated and managed as a system in which the functionality of Narragansett Bay, its watersheds and other watersheds are measured and individual planning and management efforts are adjusted to respond to support effective environmental management.
History of Section.
P.L. 2004, ch. 144, § 1; P.L. 2004, ch. 210, § 1; P.L. 2015, ch. 141, art. 16, § 4.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-23.2 - The Comprehensive Watershed and Marine Monitoring Act of 2004 › Section 46-23.2-3. - Purpose.

§ 46-23.2-3. Purpose.
The purpose of this chapter is to establish a comprehensive watershed and marine monitoring system that provides consistent and useful data to resource managers, decision-makers and the public concerning the health of the marine environment of the state. The Rhode Island environmental monitoring collaborative is hereby established with the purposes of organizing, coordinating, maintaining and supporting the watershed and marine monitoring system of the state.
History of Section.
P.L. 2004, ch. 144, § 1; P.L. 2004, ch. 210, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-23.2 - The Comprehensive Watershed and Marine Monitoring Act of 2004 › Section 46-23.2-4. - Definitions.

§ 46-23.2-4. Definitions.
For the purpose of this chapter, the following definitions shall apply:
(1) “Collaborative”
means a group of organizations, agencies and individuals assembled for the purposes of organizing, coordinating, maintaining and supporting the watershed and marine monitoring programs within Narragansett Bay and the watersheds of the state.
(2) “Monitoring program”
means any scientific or educational data collection activity that measures the changing conditions in, and the functionality and health of the waters of the state.
(3) “Perturbation”
means a disturbance in the natural environment that is produced from some force additional to that which causes the natural state of that environment.
History of Section.
P.L. 2004, ch. 144, § 1; P.L. 2004, ch. 210, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-23.2 - The Comprehensive Watershed and Marine Monitoring Act of 2004 › Section 46-23.2-5. - The Rhode Island environmental monitoring collaborative — Creation.

§ 46-23.2-5. The Rhode Island environmental monitoring collaborative — Creation.
(a)
There is hereby authorized, created and established the “Rhode Island environmental monitoring collaborative” (also known as the
“collaborative”
) with such powers as are set forth in this chapter, for the purposes of organizing, coordinating, maintaining and supporting the environmental monitoring systems within Narragansett Bay, its watersheds and other watersheds in Rhode Island. The collaborative shall consist of ten (10) members, one representative from each of the following: Coastal Institute at the University of Rhode Island (“URI”) Bay Campus (chair); coastal resources management council; department of environmental management, water quality; department of environmental management, fisheries; department of health; URI Watershed Watch; URI Graduate School of Oceanography; Narragansett Bay commission; Statewide Planning Program (RIGIS) Division; and URI Environmental Data Center. Members of the collaborative shall serve without salary but may be paid expenses incurred in the performance of their duties.
(b)
The collaborative shall work with other organizations and agencies that monitor Narragansett Bay and its watersheds to perform the powers and duties established herein. These include, but are not limited to, the Environmental Protection Agency, National Oceanic and Atmospheric Agency, Natural Resources Conservation Service, U.S. Fish and Wildlife, U.S. Geological Survey, Massachusetts Executive Office of Environmental Affairs, Narragansett Bay Estuary Program, Brown University, Roger Williams University, Rhode Island Natural History Survey, Save the Bay, Rhode Island Sea Grant, URI Cooperative Extension, and the Rhode Island Rivers Council.
History of Section.
P.L. 2004, ch. 144, § 1; P.L. 2004, ch. 210, § 1; P.L. 2015, ch. 141, art. 16, § 4.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-23.2 - The Comprehensive Watershed and Marine Monitoring Act of 2004 › Section 46-23.2-7. - Assistance by state officers, departments, boards and commissions.

§ 46-23.2-7. Assistance by state officers, departments, boards and commissions.
(a)
All state agencies may render any services to the collaborative within their respective functions as may be requested by the collaborative.
(b)
Upon request of the collaborative, any state agency is authorized and empowered to transfer to the collaborative any officers and employees as it may deem necessary from time to time to assist the collaborative in carrying out its functions and duties under this chapter.
History of Section.
P.L. 2004, ch. 144, § 1; P.L. 2004, ch. 210, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-23.2 - The Comprehensive Watershed and Marine Monitoring Act of 2004 › Section 46-23.2-8. - Severability.

§ 46-23.2-8. Severability.
If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such 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.
History of Section.
P.L. 2004, ch. 144, § 1; P.L. 2004, ch. 210, § 1.
2023 Rhode Island General Laws › Title 46 - Waters and Navigation › Chapter 46-23.3 - The Ocean State Climate Adaptation and Resilience Fund › Section 46-23.3-1. - Short title.

§ 46-23.3-1. Short title.
This chapter shall be known as the “Ocean State Climate Adaptation and Resilience Fund.”
History of Section.
P.L. 2021, ch. 377, § 2, effective July 13, 2021; P.L. 2021, ch. 378, § 2, effective July 13, 2021.