(b) That effective implementation of these policies is essential to the social and economic well-being of the people of Rhode Island because the sea and its adjacent lands are major sources of food and public recreation, because these resources are used by and for industry, transportation, waste disposal, and other purposes, and because the demands made on these resources are increasing in number, magnitude, and complexity; and that these policies are necessary to protect the public health, safety, and general welfare. Furthermore, that implementation of these policies is necessary in order to secure the rights of the people of Rhode Island to the use and enjoyment of the natural resources of the state with due regard for the preservation of their values, and in order to allow the general assembly to fulfill its duty to provide for the conservation of the air, land, water, plant, animal, mineral, and other natural resources of the state, and to adopt all means necessary and proper by law to protect the natural environment of the people of the state by providing adequate resource planning for the control and regulation of the use of the natural resources of the state and for the preservation, regeneration, and restoration of the natural environment of the state.

(c) That these policies can best be achieved through the creation of a coastal resources management council as the principal mechanism for management of the state's coastal resources.

(d) The general assembly recognizes and declares that maintenance dredging is required to remove natural silt accumulations; Rhode Island has not had a general maintenance dredging policy and programs for ports, port facilities, channels, harbors, public and private marinas and boating facilities, recreational facilities and habitat areas; other major coastal states have maintenance dredging policies and in-water maintenance dredge disposal sites; as a result of the lack of a general maintenance dredging policy and program and as a result there has been (i) a decrease in the depth of the Providence Channel from forty-four (44) feet in 1971 to twenty-four (24) feet in 1996; (ii) navigational restrictions on ocean going vessels through the state's waterways and channels; and (iii) a decrease in the number of available slips and moorings at marinas throughout the state; and the lack of a maintenance dredging policy and programs have significant adverse environmental and economic effects on the state and therefore it is in the best interest of the state, the cities and towns of the state, and the citizens thereof for the state to have a general maintenance dredging policy and programs to resolve issues related to dredge maintenance and disposal and avoid future significant direct and indirect adverse impact on the environment and economy of the state.

(e) The coastal resources management council is hereby designated as the lead state agency for purposes of dredging in tidal waters and as such shall have the following duties and responsibilities:

(1) To coordinate the interest of the state with regard to dredging;

(2) To formulate and adopt a state policy with regard to dredging which integrates those interests;

(3) To cooperate with, negotiate, and to enter into agreements on behalf of the state with the federal government and with other public bodies and private parties with regard to dredging;

(4) To act as the initial and primary point of contact for all 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 of environmental management, transportation, administration, and health, and the economic development corporation in the conduct of these duties and responsibilities.

46-23-2. Coastal resources management council created - Appointment of members. (a) There is hereby created the coastal resources management council.

(1) The coastal resources management council shall consist of sixteen (16) members, two (2) of whom shall be members of the house of representatives, at least one of the members shall represent a coastal municipality, appointed by the speaker, two (2) of whom shall be members of the senate, each of whom shall represent a coastal municipality, appointed by the lieutenant governor, two (2) of whom shall be from the general public appointed by the speaker of the house for a term of two (2) years, two (2) of whom shall be from a coastal municipality appointed by the speaker of the house for a term of three (3) years.

(2) In addition, four (4) of the members shall be appointed or elected officials of local government appointed by the governor, one of whom shall be from a municipality of less than twenty-five thousand (25,000) population, appointed to serve until January 31, 1972, one of whom shall be from a coastal municipality of more than twenty-five thousand (25,000) population appointed to serve until January 31, 1973, and one of whom shall be from a coastal municipality of less than twenty-five thousand (25,000) population appointed to serve until January 31, 1974, and one of whom shall be from a coastal community of more than twenty-five thousand (25,000) population appointed to serve until January 31, 1975, the populations are to be determined by the latest federal census; all members shall serve until their successors are appointed and qualified; during the month of January, the governor shall appoint a member to succeed the member whose term will then next expire for a term of four (4) years commencing on the first day of February then next following and until his or her successor is named and qualified; each municipal appointment shall cease if the appointed or elected official shall no longer hold or change the office which he or she held upon appointment, and further, each appointee shall be eligible to succeed him or herself.

(3) Three (3) members shall be appointed by the governor from the public, with the advice and consent of the senate, one of whom shall serve until January 1, 1972, one of whom shall serve until January 1, 1973 and one of whom shall serve until January 1, 1974; the members and their successors shall represent a coastal community.

(4) All members shall serve until their successors are appointed and qualified; during the month of January, the governor shall appoint, with advice and consent of senate, a member to succeed the members whose term will then next expire for a term of three (3) years commencing on the first day of February next following and until his or her successor is named and qualified. The provisions of this section as it relates to terms and appointment shall supersede any other provisions of this chapter. A member shall be eligible to succeed him or herself. No more than two (2) persons on the council shall be from the same community and in the case of legislators, they shall, for the purpose of serving from a community, be considered to serve from the district in which they live.

(5) Appointments shall first be made by the governor, then by the lieutenant governor, and then by the speaker. A vacancy other than by expiration shall be filled in like manner as an original appointment but only for the unexpired portion of the term. The commissioner of the environmental protection branch or his or her designee within the department of environment shall serve ex officio. The ex-officio member shall not be counted as serving from any particular community.

(b) In addition to the foregoing voting members, the council shall include a varying number of other members who shall serve in an advisory capacity without the right to vote and who shall be invited to serve by either the governor or the voting members. These advisory members shall represent the federal agencies such as the navy, coast guard, corps of engineers, public health service, and the federal water pollution control administration, and such regional agencies as the New England river basins commission and the New England regional commission and any other group or interest not otherwise represented.

(c) There shall be established a coastal resources advisory committee which committee, appointed by the executive director of the coastal resources management council, shall include, but not be limited to, representation from the following groups: one of whom shall be a representative of the University of Rhode Island Graduate School of Oceanography and the College of Resources Development, one of whom shall be a representative of the Sea Grant National College Program, one of whom shall be a representative of the army corps of engineers, one of whom shall be a representative of the federal environmental protection agency's Narragansett Bay laboratory, one of whom shall be a representative of the coastal resources management council, one of whom shall be the director of environmental management; one of whom shall be a member of the Rhode Island Marine Trade Association and one of whom shall be a representative of a regional environmental group. The council shall have the authority to appoint such additional members to said advisory committee as is deemed necessary or advisable by the advisory committee or the council. It shall be the responsibility of the committee to advise the coastal resources management council on environmental issues relating to dredging and permitting related thereto, including but not limited to those issues defined in §§ 46-23-18.1 - 46-23-18.3, inclusive.

(d) The council shall have the authority to form committees of other advisory groups as needed from both its own members and others.

46-23-2.1. Members; Term of office; Vacancies. (a) The term of office of the appointed members shall be three (3) years, only so long as the members shall remain eligible to serve on the council under the appointment authority.

(b) The members shall be eligible to succeed themselves for one additional term only. Thereafter, no former member shall be eligible to be reappointed for a period of two (2) years.

(c) Elected or appointed municipal officials shall hold seats on the council, only so long as they remain in their elected or appointed office. Members of the senate and house shall serve at the pleasure of the appointing authority and shall not be subject to the provisions of subsection (b) of this section.

(d) A vacancy other than by expiration shall be filled in the manner of the original appointment but only for the unexpired portion of the term. The appointing authority shall have the power to remove its appointee for just cause.

(e) This section shall take effect on July 1, 1985 and shall apply prospectively to those members currently serving on the council whose terms expire thereafter.

46-23-3. Oath of members. Each appointed member of the council, before entering upon his or her duties, shall take an oath to administer the duties of his or her office faithfully and impartially, and the oath shall be filed in the office of the secretary of state.

46-23-4. Officers of the council - Quorum and vote required for action. The governor, upon the appointment of the appointed members of the council, shall select from the appointed members a chairperson and vice chairperson. The council shall thereupon select a secretary from among its membership or staff. The council may engage such staff, including legal counsel, as it deems necessary. A quorum shall consist of seven (7) members of the council. A majority vote of those present shall be required for action.

46-23-4.1. The commissioner of coastal resources management. The council shall engage a commissioner of coastal resources management who shall be an employee of the council and who shall not be a member of the council. The commissioner shall coordinate and liaison with the director of the environment, and his or her staff shall be at the same staff level as the other commissioners and shall work directly with the other commissioners. The commissioner of coastal resources management shall be in the unclassified service. The duties and powers of the commissioner of coastal resources management shall be determined by the council. The council shall not engage a commissioner of coastal resources management for more than five (5) years; provided, however, that the council may renew its contract with the commissioner of coastal resources management.

46-23-5. Expenses of members. (a) The members of the council shall be paid fifty dollars ($50.00) per meeting as compensation, except for the chairperson who shall be paid seventy-five dollars ($75.00) per meeting as compensation; the members and chairperson shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties.

(b) Any member other than the chairperson who shall act as chairperson, or any member other than the chairperson who shall chair any subcommittee of the council, shall not receive the additional compensation paid to the chairman.

46-23-6. Powers and duties - Rights-of-way. In order to properly manage coastal resources the council shall have the following powers and duties:

(1) The primary responsibility of the council shall be the continuing planning for and management of the resources of the state's coastal region. The council shall be able to make any studies of conditions, activities, or problems of the state's coastal region needed to carry out its responsibilities.

(2) The resources management process shall include the following basic phases:

(a) Identify all of the state's coastal resources, water, submerged land, air space, fin fish, shellfish, minerals, physiographic features, and so forth.

(b) Evaluate these resources in terms of their quantity, quality, capability for use, and other key characteristics.

(c) Determine the current and potential uses of each resource.

(d) Determine the current and potential problems of each resource.

(e) Formulate plans and programs for the management of each resource, identifying permitted uses, locations, protection measures, and so forth.

(f) Carry out these resources management programs through implementing authority and coordination of state, federal, local, and private activities.

(g) Formulation of standards where these do not exist, and reevaluation of existing standards.

(h) To develop comprehensive programs for dredging in tidal waters and related disposal, monitoring and transportation of dredge materials.

(i) To accept and administer loans and grants from the federal government and from other sources, public or private, for the carrying out of any of its functions, which loans or grants shall not be expended for other than the purposes for which provided.

(j) To encourage, participate in, or conduct studies, investigations, research, and demonstrations relating to dredging, disposal of dredge materials and transportation thereof in the tidal waters of the state as the coastal resources management council may deem advisable and necessary for the discharge of its duties under this chapter.

(k) To collect and disseminate information relating to dredging, disposal of dredge materials and transportation thereof within the tidal waters of the state.

(l) To work with the appropriate federal and state agencies to develop a comprehensive plan for dredging in tidal waters and related disposal, monitoring and transportation of dredge materials.

(m) To apply for, accept and expend grants and bequests of funds, for the purpose of carrying out the lawful responsibilities of the coastal resources management council.

(3) An initial series of resources management activities shall be initiated through this basic process, then each phase shall continuously be recycled and used to modify the council's resources management programs and keep them current.

(4) Planning and management programs shall be formulated in terms of the characteristics and needs of each resource or group of related resources. However, all plans and programs shall be developed around basic standards and criteria, including:

(a) The need and demand for various activities and their impact upon ecological systems.

(b) The degree of compatibility of various activities.

(c) The capability of coastal resources to support various activities.

(d) Water quality standards set by the director of environmental management.

(e) Consideration of plans, studies, surveys, inventories, and so forth prepared by other public and private sources.

(f) Consideration of contiguous land uses and transportation facilities.

(g) Whenever possible consistency with the state guide plan.

(1) The council is authorized to formulate policies and plans and to adopt regulations necessary to implement its various management programs. With respect to such policies and plans which relate to matters where the coastal resources management council and the department of environmental management have concurrent jurisdiction and upon formulation of the plans and regulations, the council shall, prior to adoption, submit the proposed plans or regulations to the director of the environmental management for the director's review. The director shall review and submit comments to the council within thirty (30) days of submission to the director by the council. Consistent with § 46-23-1(e)(6), the council shall consider the director's comments prior to adoption of any plans or regulations.

(2) (A) Any person, firm, or governmental agency proposing any development or operation within, above, or beneath the tidal water below the mean high water mark, extending out to the extent of the state's jurisdiction in the territorial sea, shall be required to demonstrate that its proposal would not:

(a) Conflict with any resources management plan or program;

(b) Make any area unsuitable for any uses or activities to which it is allocated by a resources management plan or program adopted by the council; or

(c) Significantly damage the environment of the coastal region.

The council shall be authorized to approve, modify, set conditions for, or reject any such proposal.

(3) The authority of the council over land areas (those areas above the mean high water mark) shall be limited to two hundred feet (200') from the coastal physiographic feature or to that necessary to carry out effective resources management programs. This shall be limited to the authority to approve, modify, set conditions for, or reject the design, location, construction, alteration, and operation of specified activities or land uses when these are related to a water area under the agency's jurisdiction, regardless of their actual location. The council's authority over these land uses and activities shall be limited to situations in which there is a reasonable probability of conflict with a plan or program for resources management or damage to the coastal environment. These uses and activities are:

(a) Power generating over forty (40) megawatts and desalination plants.

(b) Chemical or petroleum processing, transfer, or storage.

(c) Minerals extraction.

(d) Shoreline protection facilities and physiographical features, and all directly associated contiguous areas which are necessary to preserve the integrity of the facility and/or features.

(e) Coastal wetlands and all directly associated contiguous areas which are necessary to preserve the integrity of the wetlands including any freshwater wetlands located in the vicinity of the coast. The actual determination of freshwater wetlands located in coastal vicinities and under the jurisdiction of the coastal resources management council shall be designated on such maps that are agreed to in writing and made available for public use by the coastal resources management council and the director, department of environmental management, within three (3) months of [August 6, 1996]. The CRMC shall have exclusive jurisdiction over the wetlands areas described in this section notwithstanding any provision of chapter 1, title 2 or any other provision. Within six (6) months of [August 6, 1996], the council in cooperation with the director shall develop rules and regulations for the management and protection of freshwater wetlands, affected by an aquaculture project, outside of those freshwater wetlands located in the vicinity of the coast and under the exclusive jurisdiction of the director of the department of environmental management. For the purpose of this chapter, a "coastal wetland" shall mean any salt marsh bordering on the tidal waters of this state, whether or not the tidal waters reach the littoral areas through natural or artificial watercourses, and those uplands directly associated and contiguous thereto which are necessary to preserve the integrity of that marsh. Marshes shall include those areas upon which grow one or more of the following: smooth cordgrass (spartina alterniflora), salt meadow grass (spartina patens), spike grass (distichlis spicata), black rush (juncus gerardi), saltworts (salicornia spp.), sea lavender (limonium carolinianum), saltmarsh bulrushes (scirpus spp.), hightide bush (iva frutescens), tall reed (phragmites communis), tall cordgrass (spartina pectinata), broadleaf cattail (typha latifolia), narrowleaf cattail (typha angustifolia), spike rush (eleocharis rostellata), chairmaker's rush (scirpus amercana), creeping bentgrass (agrostis palustris), sweet grass (hierochloe odorata), and wild rye (etlymus virginicus).

(f) Sewage treatment and disposal and solid waste disposal facilities.

(C) Coordination. The council shall have the following coordinating powers and duties:

(1) Functioning as a binding arbitrator in any matter of dispute involving both the resources of the state's coastal region and the interests of two (2) or more municipalities or state agencies.

(2) Consulting and coordinating actions with local, state, regional, and federal agencies and private interests.

(3) Conducting or sponsoring coastal research.

(4) Advising the governor, the general assembly, and the public on coastal matters.

(5) Serving as the lead state agency and initial and primary point of contact for dredging activities in tidal waters and in that capacity, integrating and coordinating the plans and policies of other state agencies as they pertain to dredging in order to develop comprehensive programs for dredging as required by § 46-23-6(A)(2)(h).

(6) Acting as the state's representative to all bodies public and private on all coastal and aquaculture related matters.

(D) Operations. The council shall be authorized to exercise the following operating functions, which are essential to management of coastal resources:

(1) Issue, modify, or deny permits for any work in, above, or beneath the areas under its jurisdiction, including conduct of any form of aquaculture.

(2) Issue, modify, or deny permits for dredging, filling, or any other physical alteration of coastal wetlands and all directly related contiguous areas which are necessary to preserve the integrity of the wetlands, including, but not limited to the transportation and disposal of dredge materials in the tidal waters.

(3) Grant licenses, permits, and easements for the use of coastal resources which are held in trust by the state for all its citizens, and impose fees for private use of these resources.

(4) Determining the need for and establishing pierhead, bulkhead, and harbor lines.

(5) Enforcing and implementing riparian rights in the tidal waters after judicial decisions.

(E) Rights-of-way.

(1) The council shall be responsible for the designation of all public rights-of-way to the tidal water areas of the state, and shall carry on a continuing discovery of appropriate public rights-of-way to the tidal water areas of the state.

(2) The council shall maintain a complete file of all official documents relating to the legal status of all public rights-of-way to the tidal water areas of the state.

(3)(a) The council shall have the power to designate for acquisition and development, and posting, and all other functions of any other department for tidal rights-of-way and land for tidal rights-of-way, parking facilities, and other council related purposes.

(b) Further, the council shall have the power to develop and prescribe a standard sign to be used by the cities and towns to mark designated rights-of-way.

(4) In conjunction therewith, every state department controlling state-owned land close to or adjacent to discovered rights-of-way is authorized to set out the land, or so much thereof as may be deemed necessary for public parking.

(5) No such use of land for public parking shall conflict with existing or intended use of the land, and no improvement shall be undertaken by any state agency until detailed plans have been submitted to and approved by the governing body of the local municipality.

(6) In designating rights-of-way, the council shall consider the following matters in making its designation:

(a) Land evidence records;

(b) The exercise of domain over the parcel such as maintenance, construction, or upkeep;

(c) The payment of taxes;

(d) The creation of a dedication;

(e) Public use;

(f) Any other public record or historical evidence such as maps and street indexes;

(g) Other evidence as set out in § 42-35-10.

(7) A determination by the council that a parcel is a right-of-way shall be decided by substantial evidence.

(8) The council shall be notified whenever by the judgment of the governing body of a coastal municipality, a public right-of-way to tidal water areas located in such municipality has ceased to be useful to the public, and such governing body proposes an order of abandonment of such public right-of-way. Said notice shall be given not less than sixty (60) days prior to the date of such abandonment.

(1) The council is hereby authorized and empowered to issue assent for pre-existing residential boating facilities constructed prior to January 1, 1985. These assents may be issued for pre-existing residential boating facilities, even though such facilities do not meet current standards and policies of the council, provided, however, that the council finds that such facilities do not pose any significant risk to the coastal resources of the state of Rhode Island and do not endanger human safety.

(2) In addition to the above criteria, the applicant shall provide clear and convincing evidence that:

(a) The facility existed in substantially the same configuration as it now exists prior to January 1, 1985;

(b) The facility is presently intact and functional; and

(c) The facility presents no significant threat to the coastal resources of the state of Rhode Island or human safety.

(3) The applicant, to be eligible for this provision, shall apply no later than January 31, 1999.

(4) The council is directed to develop rules and regulations necessary to implement this subdivision.

(5) It is the specific intent of this subsection to require that all pre-existing residential boating facilities constructed on January 1, 1985 or thereafter conform to this chapter and the plans, rules and regulations of the council.

46-23-6.1. Newport "cliff walk" - Public right-of-way - Legal studies. The council is hereby directed to carry out any and all legal studies which it shall deem necessary in order to designate the Newport "cliff walk", so called, as a public right-of-way pursuant to § 46-23-6(5).

46-23-6.2. Abandonment of rights-of-way. No city or town shall abandon a right-of-way designated as such by the council unless the council approved the abandonment.

46-23-7. Violations. (a) (1) In any instances wherein there is a violation of the coastal resources management program, or a violation of regulations or decisions of the council, the commissioner of coastal resources management shall have the power to order any person to cease and desist or to remedy any violation of any provisions of this chapter, or any rule, regulation, assent, order, or decision of the council whenever the commissioner of coastal resources management shall have reasonable grounds to believe that such violation has occurred.

(2) Council staff, conservation officers within the department of environment, and state and municipal police shall be empowered to issue written cease and desist orders in any instance where activity is being conducted which constitutes a violation of any provisions of this chapter, or any rule, regulation, assent, order, or decision of the council.

(3) Conservation officers within the department of environment, council staff, and state and municipal police shall have authority to apply to a court of competent jurisdiction for a warrant to enter on private land to investigate possible violations of this chapter; provided that they have reasonable grounds to believe that a violation has been committed, is being committed, or is about to be committed.

(b) Any order or notice issued pursuant to subsection (a) shall be eligible for recordation under chapter 13 of title 34, and shall be recorded in the land evidence records in the city/town wherein the property subject to the order is located, and any subsequent transferee of the property shall be responsible for complying with the requirements of the order and notice.

(c) The coastal resources management council shall discharge of record any notice filed pursuant to subsection (b) within thirty (30) days after the violation has been remedied.

46-23-7.1. Administrative penalties. Any person who violates, or refuses or fails to obey, any notice or order issued pursuant to § 46-23-7(a); or any assent, order, or decision of the council, may be assessed an administrative penalty by the chairperson or executive director in accordance with the following:

(1) The chairperson or executive director is authorized to assess an administrative penalty of not more than one thousand dollars ($1,000) for each violation of this section, and is authorized to assess additional penalties of not more than one hundred dollars ($100) for each day during which this violation continues after receipt of a cease and desist order from the council pursuant to § 46-23-7(a), but in no event shall the penalties in an aggregate exceed five thousand dollars ($5,000). Prior to the assessment of a penalty under this subdivision, the property owner or person committing the violation shall be notified by certified mail or personal service that a penalty is being assessed. The notice shall include a reference to the section of the law, rule, regulation, assent, order, or permit condition violated; a concise statement of the facts alleged to constitute the violation; a statement of the amount of the administrative penalty assessed; and a statement of the party's right to an administrative hearing.

(2) The party shall have twenty-one (21) days from receipt of the notice within which to deliver to the council a written request for a hearing. This request shall specify in detail the statements contested by the party. The executive director shall designate a person to act as hearing officer. If no hearing is requested, then after the expiration of the twenty-one (21) day period, the council shall issue a final order assessing the penalty specified in the notice. The penalty is due when the final order is issued. If the party shall request a hearing, any additional daily penalty shall not commence to accrue until the council issues a final order.

(3) If a violation is found to have occurred, the council may issue a final order assessing not more than the amount of the penalty specified in the notice. The penalty is due when the final order is issued.

(4) The party may within thirty (30) days appeal the final order, of fine assessed by the council to the superior court which shall hear the assessment of the fine de novo.

46-23-7.2. Proceedings for enforcement. The superior court shall have jurisdiction to enforce the provisions of this chapter, the coastal resource management program, or any rule, regulation, assent, or order issued pursuant thereto. Proceedings under this section may follow the course of equity, and shall be instituted and prosecuted in the name of and at the direction of the chairperson and council by the attorney general or counsel designated by the council. Proceedings provided in this section shall be in addition to, and may be utilized in lieu of, other administrative or judicial proceedings authorized by this chapter.

46-23-7.3. Criminal penalties. Any person who knowingly violates any provision of this chapter, the coastal resources management program, or any rule, regulation, assent, or order shall be guilty of a misdemeanor, and, upon conviction thereof shall be fined not more than five hundred dollars ($500) or by imprisonment of not more than three (3) months or both; and each day the violation is continued or repeated shall be deemed a separate offense.

46-23-7.4. Penalty for blocking or posting of rights-of-way. Any person who shall post or block any tidal water, public right-of-way, as designated by the council, shall be punished by a fine not exceeding five hundred dollars ($500) or by imprisonment for not more than three (3) months or both; and each day the posting or blocking continues or is repeated shall be deemed a separate offense. The chairperson of the council, through council's legal counsel or the attorney general, may apply to any court of competent jurisdiction for an injunction to prevent the unlawful posting or blocking of any tidal water, public right-of-way.

46-23-7.5. Prosecution of criminal violations. The chairperson and anyone designated by the chairperson, without being required to enter into any recognizance or to give surety for cost, may institute proceedings in the name of the state. It shall be the duty of the attorney general and/or the solicitor of the city or town in which the alleged violation has occurred to conduct the prosecution of all the proceedings. The chairperson may delegate his or her authority to bring prosecution by complaint and warrant to any law enforcement officials authorized by law to bring complaints for the issuance of search or arrest warrants pursuant to chapters 5 and 6 of title 12.

46-23-8. Gifts, grants, and donations. The council is authorized to receive any gifts, grants, or donations made for any of the purposes of its program, which shall be deposited as general revenues, and to disburse and administer the gifts, grants, or donations amounts appropriated in accordance with the terms thereof. The council is authorized to receive any sums provided by an applicant for use by the council in its hearing process, which shall be deposited as general revenues, and to disburse and administer the general revenue amounts appropriated in accordance with the rules and regulations promulgated by the council.

46-23-9. Subpoena. The council is hereby authorized and empowered to summon witnesses and issue subpoenas in substantially the following form:

Sc.

To of ____________________ greeting:

You are hereby required, in the name of the state of Rhode Island and Providence Plantations, to make your appearance before the commission on in the ___________ city of ______________ on the ________ day of __________ to give evidence of what you know relative to a matter upon investigation by the commission on ________________ and produce and then and there have and give the following:

Hereof fail not, as you will answer to default under the penalty of the law in that behalf made and provided.

Dated at _____________ the _____________ day of ____________ in the year ____________.

46-23-10. Cooperation of departments. All other departments and agencies and bodies of state government are hereby authorized and directed to cooperate with and furnish such information as the council shall require.

46-23-11. Rules and regulations. The rules and regulations promulgated by the council shall be subject to the Administrative Procedures Act.

46-23-12. Representation from coastal communities. Upon the expiration of a term of a member appointed by the governor, as an appointed or elected official of local government from a coastal municipality as set out in § 46-23-2, the governor shall appoint an appointed or elected official of a coastal municipality which, at the time of the governor's appointment, has no appointed or ex officio representation on the council.

46-23-13. Application and hearing fees. The council shall be authorized to establish reasonable fees for applications and hearings. All fees collected by the council, including fees collected for leases, shall be deposited as general revenues. The state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for payment of such sum or sums as may be necessary from time to time and upon receipt by him or her of duly authenticated vouchers presented by the commissioner of coastal resources management.

46-23-14. Expert testimony. The council shall be authorized to engage its own expert and outside consultants, and the council shall be empowered to use that testimony in making its decisions.

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.

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.

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 the environment shall transfer all of the records and files of the former division of harbors and rivers to the council.

46-23-17. Annual progress report on rights-of-way. Within ninety (90) days after the end of each fiscal year, the council shall submit a written progress report on the development of public rights-of-way to the tidal water areas of the state, to the state planning council, the department of environmental management, and the joint committee on the environment, for review, evaluation, and recommendation of the program's suitability, relevance to the recreation element of the state guide plan, and impact on the natural resources of the state. The report shall also provide detailed records of expenditures and a proposed schedule of future projects.

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.

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 applicaton 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.

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.

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.

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).

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.

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.

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.

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.

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 the environment and the coastal resources management council shall promulgate such rules and regulations, not inconsistent with law, as to assure uniformity of proceedings as applicable.

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.

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 institution, 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.

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.

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 the environment 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 the environment, 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.

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.

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.