§ 46-5-1.2 State ownership of tidal lands– Grants of title by the General Assembly – Approval to fill required– General Assembly to set policy – Harborlines repealed. – (a) The state of Rhode Island, pursuant to the public trust doctrine longrecognized in federal and Rhode Island state case law, and to Article 1, §17 of the Constitution of Rhode Island as originally adopted and assubsequently amended, has historically maintained title in fee simple to allsoil within its boundaries that lies below the high water mark and to any landresulting from any filling of any tidal area, except those portions of tidallands or filled tidal lands in respect to which the state has formally grantedtitle in fee simple to private individuals or to which title has been otherwiseacquired by private individuals by judicially recognized mechanisms prior tothe effective date of this section [July 18, 2000]. Subsequent to theeffective date of this section [July 18, 2000], no title to anyfreehold estate in any tidal land or filled land can be acquired by any privateindividual unless it is formally conveyed by explicit grant of the state by thegeneral assembly for public trust purposes.
(b) Subsequent to the effective date of this section[July 18, 2000], no lease of any tidal land or filled land, and nolicense to use any of that land, can be acquired by any private individual orentity unless the lease or license has been specifically approved for publictrust purposes by the general assembly itself or under the specific authorityof the general assembly such as, but not limited to, the delegation ofauthority under chapter 23 of this title.
(c) No filling or dredging operation commenced or continuedsubsequent to the effective date of this section [July 18, 2000] ontidal lands, whether or not title to the tidal land is held by the statepursuant to this section, may be conducted unless the individual or entityconducting the operation obtains and satisfies all appropriate and applicableregulatory authorizations and approvals. Therefore, nothing in this chaptershall be construed to limit or impair the authority of the state, or any dulyestablished agency of the state, to regulate filling or dredging affectingtidal lands.
(d) The general assembly, by its enactments, establishes thepolicies for the preservation and, in particular, for the use of naturalresources of the state which are held in public trust by the state, as providedin Article 1, § 17 of the Rhode Island Constitution and in this chapter.The general assembly has the responsibility and the sole authority to arriveat, and define, by its enactment, a policy balance between or among thecompeting proposed uses or developments for tidal lands and the respectivecompeting assertions concerning the public interests in those lands, and thatdetermination shall be deemed to be, and be accepted as, the authoritativedefinition of the public interest in relation to the preservation and use oftidal lands.
(2) Nothing in this section shall be deemed to repeal orlimit any duly enacted delegation of regulatory or adjudicatory authority toany administrative agency of the state when exercised within statutoryauthority.
(e) Any prior enactment which creates a harborline is, tothat extent, hereby repealed and all harborlines are abolished, except thatnothing in this section shall destroy or impair any rights in previously filledland which may have already vested prior to the date of this enactment[July 18, 2000].
§ 46-5-1.2 State ownership of tidal lands– Grants of title by the General Assembly – Approval to fill required– General Assembly to set policy – Harborlines repealed. – (a) The state of Rhode Island, pursuant to the public trust doctrine longrecognized in federal and Rhode Island state case law, and to Article 1, §17 of the Constitution of Rhode Island as originally adopted and assubsequently amended, has historically maintained title in fee simple to allsoil within its boundaries that lies below the high water mark and to any landresulting from any filling of any tidal area, except those portions of tidallands or filled tidal lands in respect to which the state has formally grantedtitle in fee simple to private individuals or to which title has been otherwiseacquired by private individuals by judicially recognized mechanisms prior tothe effective date of this section [July 18, 2000]. Subsequent to theeffective date of this section [July 18, 2000], no title to anyfreehold estate in any tidal land or filled land can be acquired by any privateindividual unless it is formally conveyed by explicit grant of the state by thegeneral assembly for public trust purposes.
(b) Subsequent to the effective date of this section[July 18, 2000], no lease of any tidal land or filled land, and nolicense to use any of that land, can be acquired by any private individual orentity unless the lease or license has been specifically approved for publictrust purposes by the general assembly itself or under the specific authorityof the general assembly such as, but not limited to, the delegation ofauthority under chapter 23 of this title.
(c) No filling or dredging operation commenced or continuedsubsequent to the effective date of this section [July 18, 2000] ontidal lands, whether or not title to the tidal land is held by the statepursuant to this section, may be conducted unless the individual or entityconducting the operation obtains and satisfies all appropriate and applicableregulatory authorizations and approvals. Therefore, nothing in this chaptershall be construed to limit or impair the authority of the state, or any dulyestablished agency of the state, to regulate filling or dredging affectingtidal lands.
(d) The general assembly, by its enactments, establishes thepolicies for the preservation and, in particular, for the use of naturalresources of the state which are held in public trust by the state, as providedin Article 1, § 17 of the Rhode Island Constitution and in this chapter.The general assembly has the responsibility and the sole authority to arriveat, and define, by its enactment, a policy balance between or among thecompeting proposed uses or developments for tidal lands and the respectivecompeting assertions concerning the public interests in those lands, and thatdetermination shall be deemed to be, and be accepted as, the authoritativedefinition of the public interest in relation to the preservation and use oftidal lands.
(2) Nothing in this section shall be deemed to repeal orlimit any duly enacted delegation of regulatory or adjudicatory authority toany administrative agency of the state when exercised within statutoryauthority.
(e) Any prior enactment which creates a harborline is, tothat extent, hereby repealed and all harborlines are abolished, except thatnothing in this section shall destroy or impair any rights in previously filledland which may have already vested prior to the date of this enactment[July 18, 2000].
§ 46-5-1.2 State ownership of tidal lands– Grants of title by the General Assembly – Approval to fill required– General Assembly to set policy – Harborlines repealed. – (a) The state of Rhode Island, pursuant to the public trust doctrine longrecognized in federal and Rhode Island state case law, and to Article 1, §17 of the Constitution of Rhode Island as originally adopted and assubsequently amended, has historically maintained title in fee simple to allsoil within its boundaries that lies below the high water mark and to any landresulting from any filling of any tidal area, except those portions of tidallands or filled tidal lands in respect to which the state has formally grantedtitle in fee simple to private individuals or to which title has been otherwiseacquired by private individuals by judicially recognized mechanisms prior tothe effective date of this section [July 18, 2000]. Subsequent to theeffective date of this section [July 18, 2000], no title to anyfreehold estate in any tidal land or filled land can be acquired by any privateindividual unless it is formally conveyed by explicit grant of the state by thegeneral assembly for public trust purposes.
(b) Subsequent to the effective date of this section[July 18, 2000], no lease of any tidal land or filled land, and nolicense to use any of that land, can be acquired by any private individual orentity unless the lease or license has been specifically approved for publictrust purposes by the general assembly itself or under the specific authorityof the general assembly such as, but not limited to, the delegation ofauthority under chapter 23 of this title.
(c) No filling or dredging operation commenced or continuedsubsequent to the effective date of this section [July 18, 2000] ontidal lands, whether or not title to the tidal land is held by the statepursuant to this section, may be conducted unless the individual or entityconducting the operation obtains and satisfies all appropriate and applicableregulatory authorizations and approvals. Therefore, nothing in this chaptershall be construed to limit or impair the authority of the state, or any dulyestablished agency of the state, to regulate filling or dredging affectingtidal lands.
(d) The general assembly, by its enactments, establishes thepolicies for the preservation and, in particular, for the use of naturalresources of the state which are held in public trust by the state, as providedin Article 1, § 17 of the Rhode Island Constitution and in this chapter.The general assembly has the responsibility and the sole authority to arriveat, and define, by its enactment, a policy balance between or among thecompeting proposed uses or developments for tidal lands and the respectivecompeting assertions concerning the public interests in those lands, and thatdetermination shall be deemed to be, and be accepted as, the authoritativedefinition of the public interest in relation to the preservation and use oftidal lands.
(2) Nothing in this section shall be deemed to repeal orlimit any duly enacted delegation of regulatory or adjudicatory authority toany administrative agency of the state when exercised within statutoryauthority.
(e) Any prior enactment which creates a harborline is, tothat extent, hereby repealed and all harborlines are abolished, except thatnothing in this section shall destroy or impair any rights in previously filledland which may have already vested prior to the date of this enactment[July 18, 2000].
