AN ACT RELATING TO WATERS AND NAVIGATION -- COASTAL RESOURCES MANAGEMENT COUNCIL (Authorizes a property owner to pursue reasonable actions to protect their property from coastal hazards that affect life, infrastructure, or essential land uses without prior approval.)

S3039

2026 -- S 3039
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LC005315
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO WATERS AND NAVIGATION -- COASTAL RESOURCES MANAGEMENT
COUNCIL

Introduced By:
Senator Ana B. Quezada

Date Introduced:
March 05, 2026

Referred To:
Senate Judiciary
It is enacted by the General Assembly as follows:
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SECTION 1. Section 46-23-1 of the General Laws in Chapter 46-23 entitled "Coastal
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Resources Management Council" is hereby amended to read as follows:
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46-23-1. Legislative findings.
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(a)(1) Under article 1, § 17 of the Rhode Island Constitution, the people shall continue to
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enjoy and freely exercise all the rights of fishery, and the privileges of the shore, to which they
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have been heretofore entitled under the charter and usages of this state, including, but not limited
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to, fishing from the shore, the gathering of seaweed, leaving the shore to swim in the sea and
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passage along the shore; and they shall be secure in their rights to use and enjoyment of the natural
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resources of the state with due regard for the preservation of their values; and it is the duty of the
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general assembly to provide for the conservation of the air, land, water, plant, animal, mineral and
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other natural resources of the state, and to adopt all means necessary and proper by law to protect
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the natural environment of the people of the state by providing adequate resource planning for the
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control and regulation of the use of the natural resources of the state and for the preservation,
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regeneration, and restoration of the natural environment of the state.
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(2) The general assembly recognizes and declares that the coastal resources of Rhode
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Island, a rich variety of natural, commercial, industrial, recreational, and aesthetic assets, are of
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immediate and potential value to the present and future development of this state; that unplanned
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or poorly planned development of this basic natural environment has already damaged or destroyed,

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or has the potential of damaging or destroying, the state’s coastal resources, and has restricted the
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most efficient and beneficial utilization of these resources; that it shall be the policy of this state to
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preserve, protect, develop, and, where possible, restore the coastal resources of the state for this
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and succeeding generations through comprehensive and coordinated long range planning and
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management designed to produce the maximum benefit for society from these coastal resources;
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and that preservation and restoration of ecological systems shall be the primary guiding principle
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upon which environmental alteration of coastal resources will be measured, judged, and regulated.
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(3) The general assembly further recognizes and declares that owners of property within
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the jurisdiction of the council shall not be precluded from undertaking reasonable and necessary
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actions to protect against or mitigate harm from coastal hazards to life, existing structures or
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infrastructure, or essential land uses as defined by § 46-23-31.
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(b)(1) That effective implementation of these policies is essential to the social and
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economic well-being of the people of Rhode Island because the sea and its adjacent lands are major
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sources of food and public recreation, because these resources are used by and for industry,
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transportation, waste disposal, and other purposes, and because the demands made on these
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resources are increasing in number, magnitude, and complexity; and that these policies are
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necessary to protect the public health, safety, and general welfare. Pursuant to 16 U.S.C. § 1452
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(“The Coastal Zone Management Act”), the general assembly hereby directs the council (referred
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to as “CRMC”) to exercise effectively its responsibilities in the coastal zone through the
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development and implementation of management programs to achieve wise use of the land and
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water resources of the coastal zone.
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(2) Furthermore, that implementation of these policies is necessary in order to secure the
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rights of the people of Rhode Island to the use and enjoyment of the natural resources of the state
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with due regard for the preservation of their values, and in order to allow the general assembly to
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fulfill its duty to provide for the conservation of the air, land, water, plant, animal, mineral, and
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other natural resources of the state, and to adopt all means necessary and proper by law to protect
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the natural environment of the people of the state by providing adequate resource planning for the
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control and regulation of the use of the natural resources of the state and for the preservation,
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regeneration, and restoration of the natural environment of the state.
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(c) That these policies can best be achieved through the creation of a coastal resources
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management council as the principal mechanism for management of the state’s coastal resources.
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(d) The general assembly recognizes and declares that maintenance dredging is required to
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remove natural silt accumulations; Rhode Island has not had a general maintenance dredging policy
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and programs for ports, port facilities, channels, harbors, public and private marinas and boating

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facilities, recreational facilities and habitat areas; other major coastal states have maintenance
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dredging policies and in-water maintenance dredge disposal sites; as a result of the lack of a general
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maintenance dredging policy and program and as a result there has been:
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(1) A decrease in the depth of the Providence Channel from forty-four (44) feet in 1971 to
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twenty-four (24) feet in 1996;
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(2) Navigational restrictions on ocean going vessels through the state’s waterways and
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channels; and
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(3) A decrease in the number of available slips and moorings at marinas throughout the
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state; and the lack of a maintenance dredging policy and programs have significant adverse
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environmental and economic effects on the state and therefore it is in the best interest of the state,
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the cities and towns of the state, and the citizens thereof for the state to have a general maintenance
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dredging policy and programs to resolve issues related to dredge maintenance and disposal and
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avoid future significant direct and indirect adverse impact on the environment and economy of the
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state.
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(e) The coastal resources management council is hereby designated as the lead state agency
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for purposes of dredging in tidal waters and as such shall have the following duties and
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responsibilities:
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(1) To coordinate the interest of the state with regard to dredging;
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(2) To formulate and adopt a state policy with regard to dredging which integrates those
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interests;
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(3) To cooperate with, negotiate, and to enter into agreements on behalf of the state with
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the federal government and with other public bodies and private parties with regard to dredging;
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(4) To act as the initial and primary point of contact for all applications to the state for
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dredging projects in tidal waters;
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(5) To develop, prepare, adopt pursuant to § 46-23-11, implement, and maintain a
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comprehensive plan for dredge material management; and
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(6) To cooperate and coordinate with the departments of environmental management,
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transportation, administration, and health, and the economic development corporation in the
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conduct of these duties and responsibilities.
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(f)(1) The legislature recognizes that under Article I, § 17, the submerged lands of the state
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are impressed with a public trust and that the state is responsible for the protection of the public’s
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interest in these lands. The state maintains title in fee to all soil within its boundaries that lies below
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the high water mark, and it holds that land in trust for the use of the public. In benefiting the public,
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the state preserves certain public rights which include, but are not limited to, fishery, commerce,

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and navigation in these waters and the submerged lands that they cover.
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(2) Since its establishment in 1971, the CRMC has had the authority to manage and plan
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for the preservation of the coastal resources of the state including, but not limited to, submerged
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lands. The legislature hereby declares that, in light of the unique size, scope, and overall potential
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impact upon the environment of large scale filling projects involving twenty-five (25) acres or
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more, any lease of tidal lands, or any license to use those lands, is subject to approval, disapproval,
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or conditional approval by the direct enactment of the general assembly by legislative action. The
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CRMC shall review all requests for leases, licenses to use the land, and other authority to use the
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land made by any applicant prior to presentation of the request to the general assembly, and the
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CRMC shall make recommendations on the request to the general assembly. With the exception of
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any and all projects to fill land of twenty-five (25) acres or more, the general assembly hereby
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recognizes and declares that the CRMC is delegated the sole and exclusive authority for the leasing
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of submerged and filled lands and giving licenses for the use of that land. Accordingly, the CRMC
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will develop, coordinate, and adopt a system for the leasing of submerged and filled lands, and
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licenses for the use of that land, and will ensure that all leases and licenses are consistent with the
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public trust. Pursuant thereto, the CRMC shall impose a maximum fee of eighty thousand dollars
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($80,000) per annum for any transatlantic cable that makes landfall in Rhode Island. All such fees
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collected shall be deposited into the Bays, Rivers and Watersheds Fund, established pursuant to §
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46-31-12.1, and shall be disbursed according to the purposes of that fund. Nothing contained in this
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subsection negates, repeals, or alters the provisions, processes, and requirements for the leasing of
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submerged land for the conduct of aquaculture as set out under chapter 10 of title 20. Therefore,
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nothing in this chapter shall be construed to limit or impair the authority of the state, or any duly
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established agency of the state, to regulate filling or dredging affecting tidal lands owned by the
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state or any other entity, and nothing in this chapter shall be construed to limit or impair the
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obligation of the applicant to obtain all applicable regulatory approvals. Specifically, and without
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limiting the foregoing, nothing in this subsection negates, repeals, or alters the provisions,
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processes, and requirements for water quality certification contained in chapter 12 of this title.
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(3) Definitions.
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(i) “Filled land” means portions of tidal lands which have been rendered by the acts of man
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to be no longer subject to tidal action or beneath tidal waters.
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(ii) “Tidal Lands” means those lands that are below the mean high water.
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(iii) “Mean high water” means a line of contour representing the 18.6 year average as
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determined by the metonic cycle and/or its equivalent as evidenced by the records, tidal datum, and
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methodology of the United States Coastal Geodetic Survey within the National Oceanic and

LC005315 - Page 4 of 6
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Atmospheric Administration.
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SECTION 2. Chapter 46-23 of the General Laws entitled "Coastal Resources Management
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Council" is hereby amended by adding thereto the following section:
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46-23-31. Protective actions.

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(a) Notwithstanding any other provision of this chapter or any regulation adopted pursuant
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thereto, an owner of property located within the jurisdiction of the council may undertake measures
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reasonably necessary to protect against or mitigate harm from coastal hazards to any one or a
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combination of the following:
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(1) Human life or public safety;
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(2) Existing structures or infrastructure; or
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(3) Essential land uses, which means an existing use of property that provides significant
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economic, recreational, historic, or public benefit value to the property owner, the public, or both.
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(b) Actions authorized under subsection (a) of this section may be taken without prior
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approval of the council; provided, such actions are limited to those reasonably related to the
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protection of the interests identified in subsection (a) of this section.
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(c) Actions authorized under subsection (a) of this section shall not include new
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development unrelated to the protection of the interests enumerated in subsection (a) of this section.
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SECTION 3. This act shall take effect upon passage.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO WATERS AND NAVIGATION -- COASTAL RESOURCES MANAGEMENT
COUNCIL
***
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This act would authorize a property owner to pursue reasonable actions to protect their
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property from coastal hazards that affect life, infrastructure, or essential land uses without prior
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approval.
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This act would take effect upon passage.
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