Rhode Island Statewide Rule
Rhode Island Coastal Resources Management Council Preempts Coastal Permits
Key Facts
- Statute
- RIGL Chapter 46-23
- Agency
- CRMC
- Jurisdiction
- 200-foot coastal buffer
- Permit
- CRMC Assent required
Summary
The Rhode Island Coastal Resources Management Council (CRMC) under RIGL Chapter 46-23 holds primary jurisdiction over development within the coastal zone, preempting inconsistent local rules across all coastal municipalities.
The council shall have exclusive jurisdiction below mean high water for all development, operations, and dredging, consistent with the requirements of chapter 6.1 of this title and except as necessary for the department of environmental management to exercise its powers and duties and to fulfill its responsibilities pursuant to §§ 42-17.1-2 and 42-17.1-24, and 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: (I) Conflict with any resources management plan or program;
Full Breakdown
RIGL Chapter 46-23 establishes CRMC as the lead agency for managing Rhode Island's coastal resources. The Coastal Resources Management Program (Red Book) and Special Area Management Plans regulate construction, alteration, and use of land within 200 feet of coastal features and all tidal waters. CRMC Assents (permits) are required before local building permits may issue for projects in the coastal zone. Local zoning applies but cannot conflict with CRMC determinations on water-dependent uses, setbacks, and shoreline alterations.
Violations & Penalties
Working in CRMC jurisdiction without an Assent can bring cease-and-desist orders, restoration requirements, and administrative penalties up to $10,000 per violation plus $1,000 for each continuing day, capped at $50,000 aggregate (R.I. Gen. Laws Section 46-23-7.1).
Frequently Asked Questions
Do I need a CRMC permit to build near the Rhode Island coast?
Can my coastal town override a CRMC denial?
Sources
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