§ 46-23-18.1 - Permitting.
SECTION 46-23-18.1
§ 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 activitiesspecified in § 46-23-18 shall file an application for a permit with thecoastal resources management council upon forms furnished by coastal resourcesmanagement 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 theactivity or activities specified in the application will cause no significantadverse impact upon the environment or natural resources of the state, and thecoastal resources management council shall be empowered to deny the applicationif the applicant does not demonstrate, in addition to other requirements ofthis chapter, that the activity or activities will not:
(i) Significantly adversely affect any shellfish managementarea as designated by the department of environmental management or the marinefisheries council;
(ii) Be in a significant conflict with the marine ecologywithin 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 thecoastal resources management council to conduct or cause to conduct dredging,transportation and/or disposal of dredge material, the applicant shall alsosatisfy the council that the proposal in the application is consistent with acomprehensive program developed pursuant to § 46-23-6(1)(ii)(H).
(e) In determining whether an applicant has met the burden ofproof under subsection (c), the coastal resources management council shallapply standards that conform with the federal Environmental Protection Agency'sapplicable standards and guidelines for the management of dredge materials,including, but not limited to, the federal Environmental Protection Agency'srules, regulations and guidelines for deviating from said standards.
(f) The applicant shall, at least three (3) days beforecommencing any dredging, give written notice to the coastal resourcesmanagement council of the intent to commence the activities specified in thepermit.