§ 46-23-2. Coastal resources management council created — Appointment of members.
(a) There is hereby created the coastal resources management council. The coastal resources management council shall consist of ten (10) members. Nine (9) members shall be appointed by the governor, with advice and consent of the senate, and one member shall serve ex officio. All current appointments to the coastal resources management council made by the governor with advice and consent of the senate are hereby validated and ratified and those appointees shall serve for the remainder of their term.
(1) Six (6) of the members shall be appointed or elected officials of local government: three (3) of whom shall be appointed or elected officials in a municipality of fewer than twenty-five thousand (25,000) in population, three (3) of whom shall be appointed or elected officials in a municipality of more than twenty-five thousand (25,000) in population. The populations are to be determined by the latest federal census. Elected or appointed municipal officials shall hold seats on the council only so long as they remain in their elected or appointed office. Each municipal appointment shall cease if the appointed or elected official shall no longer hold or change the office which they held upon appointment. At least five (5) out of the six (6) appointed or elected members must be appointed or elected in a coastal municipality. When the governor submits his or her appointments to the senate for advice and consent, the governor shall specify the appointed or elected office that each municipal appointment holds; the population of the municipality represented; and the member being replaced.
(2) Three (3) members shall be appointed by the governor from the public, with the advice and consent of the senate, one of the public members and his or her successors shall reside in a coastal municipality.
(3) All members shall serve until their successors are appointed and qualified; during the month of January, the governor shall appoint, with the advice and consent of the 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 their successor is named and qualified. A member shall be eligible for successive appointments. No more than two (2) persons on the council shall be from the same municipality. 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.
(4) The director of the department of environmental management, or their designee, shall serve ex officio. The ex-officio member shall not be counted as serving from any particular municipality.
(b) In addition to the foregoing voting members, the council may include a varying number of other members who may serve in an advisory capacity without the right to vote and who may be invited to serve by either the governor or the voting members. These advisory members may 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 may be established a coastal resources advisory committee which committee, appointed by the executive director of the coastal resources management council, may include, but not be limited to, representation from the following groups: one of whom may be a representative of the university of Rhode Island graduate school of oceanography and the college of resources development, one of whom may be a representative of the Sea Grant National College Program, one of whom may be a representative of the army corps of engineers, one of whom may 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 may be the director of the department of environmental management; one of whom may be a member of the Rhode Island Marine Trade Association and one of whom may be a representative of a regional environmental group. The council shall have the authority to appoint these additional members to the 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.
History of Section.P.L. 1971, ch. 279, § 1; P.L. 1990, ch. 461, § 10; P.L. 1996, ch. 271, § 2; P.L. 1996, ch. 281, § 2; P.L. 1998, ch. 457, § 1; P.L. 1999, ch. 105, § 5; P.L. 1999, ch. 354, § 54; P.L. 2001, ch. 180, § 155; P.L. 2018, ch. 87, § 1; P.L. 2018, ch. 99, § 1.
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.