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LEGAL NEWSLINE

Sunday, July 7, 2024

Legislators call for reforming Rhode Island's Coastal Resource Management Council

State AG
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Attorney General Peter Neronha | Official Website

Attorney General Peter F. Neronha, along with Topher Hamblett, Executive Director of Save The Bay, Senator Victoria Gu, Representative Terri Cortvriend, and other advocates, have called for the passage of a bill to reform the Coastal Resource Management Council (CRMC). The proposed legislation aims to transform CRMC into a Department of Coastal Resources under the executive branch. This change would replace the current structure of politically-appointed board members with a state department staffed by experts in coastal issues.

“If we as a state are serious about protecting our environment and coastline, then we need – and we deserve – a dedicated agency with the organization and expertise to handle complex permitting and enforcement issues,” said Attorney General Neronha. “This bill is about modernizing what has become an amateurish, inconsistent approach to protecting one of our state’s most valuable resources. We cannot afford to continue placing crucial environmental decisions in the hands of political appointees who lack the expertise and often get it wrong.”

Neronha cited previous interactions between his office and CRMC, including a legal dispute over Champlin’s Marina's proposed expansion in Block Island’s Great Salt Pond. He noted that CRMC staff had issued enforcement actions against Quidnessett Country Club for building an illegal seawall without permits but criticized the council for entertaining a petition from the club seeking retroactive rule changes.

The bills (2024-S 2928A, 2024-H 8148) propose creating a Department of Coastal Resources similar in structure to the Department of Environmental Management (DEM). The new department's director would be appointed by the governor and confirmed by the Senate. Current CRMC staff would continue their roles under this new department, which would also include a full-time staff attorney for handling complex coastal resource protection work. Additionally, a community advisory committee would be established to provide policy input.

“The CRMC is tasked with managing much more complex issues than it did 50 years ago,” said Senator Victoria Gu. “An all-volunteer council just isn’t scalable. Rhode Islanders care a lot about shoreline access, marine life and protecting our environment, and they deserve a professionalized agency to tackle these issues.”

Representative Terri Cortvriend emphasized that protecting Rhode Island's coastline is critical for both economic reasons and quality of life: “We need a CRMC that is led by qualified individuals with experience in coastal development issues... Adoption of our bill would be a commitment to removing politics from coastal development for the sake of a safe, sustainable future.”

In 2020, CRMC approved Champlin’s Marina's controversial expansion into Great Salt Pond without public input—a decision opposed by many stakeholders including Attorney General Neronha. This decision was eventually struck down by Rhode Island’s Supreme Court after multiple appeals.

Currently, CRMC staff have taken action against Quidnessett Country Club's illegal seawall construction on Type-1 conservation waters. Despite this classification prohibiting such structures, the club has petitioned for reclassification to Type-2 waters which could allow some form of seawall to remain—a move criticized as setting dangerous precedents.

“Narragansett Bay is the heart of Rhode Island,” said Topher Hamblett from Save The Bay. “Important decisions impacting our coastal resources should not be left in the hands of volunteer political appointees... It is time to get rid of this relic... Save The Bay applauds Attorney General Neronha, Senator Gu, and Representative Cortvriend for introducing legislation to make [the] coastal agency more transparent, accountable, and effective.”

The legislation received overwhelming support during hearings but has been held for further study in both legislative chambers.

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