§ 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 environmental management, 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 environmental management, 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.
History of Section.P.L. 1971, ch. 279, § 1; P.L. 1973, ch. 197, § 2; P.L. 1976, ch. 329, § 2; P.L. 1977, ch. 270, § 4; P.L. 1980, ch. 208, § 1; P.L. 1986, ch. 296, § 1; P.L. 1987, ch. 193, § 1; P.L. 1989, ch. 516, § 1; P.L. 1990, ch. 461, § 10.
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.