§ 46-23-1 - Legislative findings.
SECTION 46-23-1
§ 46-23-1 Legislative findings. – (a) Under article 1, § 17 of the Rhode Island Constitution, the peopleshall continue to enjoy and freely exercise all the rights of fishery, and theprivileges of the shore, to which they have been heretofore entitled under thecharter and usages of this state, including, but not limited to, fishing fromthe shore, the gathering of seaweed, leaving the shore to swim in the sea andpassage along the shore; and they shall be secure in their rights to use andenjoyment of the natural resources of the state with due regard for thepreservation of their values; and it is the duty of the general assembly toprovide for the conservation of the air, land, water, plant, animal, mineraland other natural resources of the state, and to adopt all means necessary andproper by law to protect the natural environment of the people of the state byproviding adequate resource planning for the control and regulation of the useof the natural resources of the state and for the preservation, regeneration,and restoration of the natural environment of the state.
(2) The general assembly recognizes and declares that thecoastal resources of Rhode Island, a rich variety of natural, commercial,industrial, recreational, and aesthetic assets, are of immediate and potentialvalue to the present and future development of this state; that unplanned orpoorly planned development of this basic natural environment has alreadydamaged or destroyed, or has the potential of damaging or destroying, thestate's coastal resources, and has restricted the most efficient and beneficialutilization of these resources; that it shall be the policy of this state topreserve, protect, develop, and, where possible, restore the coastal resourcesof the state for this and succeeding generations through comprehensive andcoordinated long range planning and management designed to produce the maximumbenefit for society from these coastal resources; and that preservation andrestoration of ecological systems shall be the primary guiding principle uponwhich environmental alteration of coastal resources will be measured, judged,and regulated.
(b) That effective implementation of these policies isessential to the social and economic well-being of the people of Rhode Islandbecause the sea and its adjacent lands are major sources of food and publicrecreation, because these resources are used by and for industry,transportation, waste disposal, and other purposes, and because the demandsmade on these resources are increasing in number, magnitude, and complexity;and that these policies are necessary to protect the public health, safety, andgeneral welfare. Pursuant to 16 U.S.C. § 1452 ("The Coastal ZoneManagement Act"), the general assembly hereby directs the council (referred toas "CRMC") to exercise effectively its responsibilities in the coastal zonethrough the development and implementation of management programs to achievewise use of the land and water resources of the coastal zone.
(2) Furthermore, that implementation of these policies isnecessary in order to secure the rights of the people of Rhode Island to theuse and enjoyment of the natural resources of the state with due regard for thepreservation of their values, and in order to allow the general assembly tofulfill its duty to provide for the conservation of the air, land, water,plant, animal, mineral, and other natural resources of the state, and to adoptall means necessary and proper by law to protect the natural environment of thepeople of the state by providing adequate resource planning for the control andregulation of the use of the natural resources of the state and for thepreservation, regeneration, and restoration of the natural environment of thestate.
(c) That these policies can best be achieved through thecreation of a coastal resources management council as the principal mechanismfor management of the state's coastal resources.
(d) The general assembly recognizes and declares thatmaintenance dredging is required to remove natural silt accumulations; RhodeIsland has not had a general maintenance dredging policy and programs forports, port facilities, channels, harbors, public and private marinas andboating facilities, recreational facilities and habitat areas; other majorcoastal states have maintenance dredging policies and in-water maintenancedredge disposal sites; as a result of the lack of a general maintenancedredging policy and program and as a result there has been:
(1) A decrease in the depth of the Providence Channel fromforty-four (44) feet in 1971 to twenty-four (24) feet in 1996;
(2) Navigational restrictions on ocean going vessels throughthe state's waterways and channels; and
(3) A decrease in the number of available slips and mooringsat marinas throughout the state; and the lack of a maintenance dredging policyand programs have significant adverse environmental and economic effects on thestate and therefore it is in the best interest of the state, the cities andtowns of the state, and the citizens thereof for the state to have a generalmaintenance dredging policy and programs to resolve issues related to dredgemaintenance and disposal and avoid future significant direct and indirectadverse impact on the environment and economy of the state.
(e) The coastal resources management council is herebydesignated as the lead state agency for purposes of dredging in tidal watersand as such shall have the following duties and responsibilities:
(1) To coordinate the interest of the state with regard todredging;
(2) To formulate and adopt a state policy with regard todredging which integrates those interests;
(3) To cooperate with, negotiate, and to enter intoagreements on behalf of the state with the federal government and with otherpublic bodies and private parties with regard to dredging;
(4) To act as the initial and primary point of contact forall applications to the state for dredging projects in tidal waters;
(5) To develop, prepare, adopt pursuant to § 46-23-11,implement, and maintain a comprehensive plan for dredge material management; and
(6) To cooperate and coordinate with the departments ofenvironmental management, transportation, administration, and health, and theeconomic development corporation in the conduct of these duties andresponsibilities.
(f) The legislature recognizes that under Article I, §17, the submerged lands of the state are impressed with a public trust and thatthe state is responsible for the protection of the public's interest in theselands. The state maintains title in fee to all soil within its boundaries thatlies below the high water mark, and it holds that land in trust for the use ofthe public. In benefiting the public, the state preserves certain public rightswhich include, but are not limited to, fishery, commerce, and navigation inthese waters and the submerged lands that they cover.
(2) Since its establishment in 1971, the CRMC has had theauthority to manage and plan for the preservation of the coastal resources ofthe state including, but not limited to, submerged lands. The legislaturehereby declares that, in light of the unique size, scope, and overall potentialimpact upon the environment of large scale filling projects involvingtwenty-five (25) acres or more, any lease of tidal lands, or any license to usethose lands, is subject to approval, disapproval, or conditional approval bythe direct enactment of the general assembly by legislative action. The CRMCshall review all requests for leases, licenses to use the land, and otherauthority to use the land made by any applicant prior to presentation of therequest to the general assembly, and the CRMC shall make recommendations on therequest to the general assembly. With the exception of any and all projects tofill land of twenty-five (25) acres or more, the general assembly herebyrecognizes and declares that the CRMC is delegated the sole and exclusiveauthority for the leasing of submerged and filled lands and giving licenses forthe use of that land. Accordingly, the CRMC will develop, coordinate, and adopta system for the leasing of submerged and filled lands, and licenses for theuse of that land, and will ensure that all leases and licenses are consistentwith the public trust. Pursuant thereto, the CRMC shall impose a maximum fee ofeighty thousand dollars ($80,000) per annum for any transatlantic cable thatmakes landfall in Rhode Island. All such fees collected shall be depositedinto the Bays, Rivers and Watersheds Fund, established pursuant to §46-31-12.1, and shall be disbursed according to the purposes of that fund.Nothing contained in this subsection negates, repeals, or alters theprovisions, processes, and requirements for the leasing of submerged land forthe conduct of aquaculture as set out under chapter 10 of title 20. Therefore,nothing in this chapter shall be construed to limit or impair the authority ofthe state, or any duly established agency of the state, to regulate filling ordredging affecting tidal lands owned by the state or any other entity, andnothing in this chapter shall be construed to limit or impair the obligation ofthe applicant to obtain all applicable regulatory approvals. Specifically, andwithout limiting the foregoing, nothing in this subsection negates, repeals, oralters the provisions, processes, and requirements for water qualitycertification contained in chapter 12 of this title.
(3) Definitions.
(i) "Filled land" means portions of tidal lands which havebeen rendered by the acts of man to be no longer subject to tidal action orbeneath tidal waters.
(ii) "Tidal Lands" means those lands that are below the meanhigh water.
(iii) "Mean high water" means a line of contour representingthe 18.6 year average as determined by the metonic cycle and/or its equivalentas evidenced by the records, tidal datum, and methodology of the United StatesCoastal Geodetic Survey within the National Oceanic and AtmosphericAdministration.