§ 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.
Structure Rhode Island General Laws
Title 46 - Waters and Navigation
Chapter 46-23 - Coastal Resources Management Council
Section 46-23-1. - Legislative findings.
Section 46-23-2. - Coastal resources management council created — Appointment of members.
Section 46-23-2.1. - Members — Term of office — Vacancies.
Section 46-23-3. - Oath of members.
Section 46-23-4. - Officers of the council — Quorum and vote required for action.
Section 46-23-4.1. - The commissioner of coastal resources management.
Section 46-23-5. - Expenses of members.
Section 46-23-6. - Powers and duties — Rights-of-way.
Section 46-23-6.1. - Newport “cliff walk” — Public right-of-way — Legal studies.
Section 46-23-6.2. - Abandonment of rights-of-way.
Section 46-23-6.3. - Tolling of expiration periods.
Section 46-23-7. - Violations.
Section 46-23-7.1. - Administrative penalties.
Section 46-23-7.2. - Proceedings for enforcement.
Section 46-23-7.3. - Criminal penalties.
Section 46-23-7.4. - Penalty for blocking or posting of rights-of-way.
Section 46-23-7.5. - Prosecution of criminal violations.
Section 46-23-8. - Gifts, grants, and donations.
Section 46-23-10. - Cooperation of departments.
Section 46-23-11. - Rules and regulations.
Section 46-23-12. - Representation from coastal communities.
Section 46-23-13. - Application and hearing fees.
Section 46-23-14. - Expert testimony.
Section 46-23-15. - Federal grants and interstate cooperation.
Section 46-23-15.1. - Coordination of harbor safety and enforcement patrols.
Section 46-23-16. - Length of permits, licenses, and easements.
Section 46-23-17. - [Repealed.]
Section 46-23-18. - Prohibited activities.
Section 46-23-18.1. - Permitting.
Section 46-23-18.2. - Rules and regulations.
Section 46-23-18.3. - Sites for disposal of spoil from dredge operations, selection.
Section 46-23-18.4. - Enforcement.
Section 46-23-18.5. - Fees for disposal.
Section 46-23-18.6. - Coastal Resources Management Council Dredge Fund.
Section 46-23-20. - Administrative hearings.
Section 46-23-20.1. - Hearing officers — Appointment — Compensation — Subcommittee.
Section 46-23-20.3. - Prehearing procedure.
Section 46-23-20.4. - Hearings — Orders.
Section 46-23-20.5. - Ex parte consultations.
Section 46-23-20.6. - Oaths — Subpoenas — Powers of hearing officers.
Section 46-23-21. - Notice of permit — Recordation.
Section 46-23-22. - Solid waste disposal licenses — Hearings.
Section 46-23-23. - Municipal comprehension plan consideration.
Section 46-23-24. - Lien on property.
Section 46-23-25. - Issuance of beach vehicle registration permits.