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Home » US Law » 2022 Rhode Island General Laws » Title 46 - Waters and Navigation » Chapter 46-3 - Shore Development

Section 46-3-1. – Short title.

§ 46-3-1. Short title. This chapter shall be known and may be cited as the “Shore Development Act of 1956”. History of Section.P.L. 1956, ch. 3837, § 1; G.L. 1956, § 46-3-1.

Section 46-3-10. – Condemnation of property.

§ 46-3-10. Condemnation of property. Whenever it is impossible to reach agreement upon the price to be paid for the purchase of any land or interest therein needed to carry out the purposes of this chapter, or whenever the owner is legally incapacitated or is absent or is unable to convey valid title or is […]

Section 46-3-11. – Municipal bonds authorized.

§ 46-3-11. Municipal bonds authorized. For the purpose of financing the municipality’s share of the cost of acquiring any land or interest therein needed and for defraying the cost of the construction or installation of any structures or facilities approved for the control of beach erosion, the legislative body is authorized and empowered to issue […]

Section 46-3-12. – Assessments against property benefited authorized.

§ 46-3-12. Assessments against property benefited authorized. For the purpose of securing repayment for the construction cost borne by the municipality for any erosion control system installed or for the cost of any land or interest purchased or taken pursuant to this chapter, the legislative body is authorized and empowered to assess any property upon […]

Section 46-3-13. – Property subject to assessment — Costs included.

§ 46-3-13. Property subject to assessment — Costs included. The legislative body may apportion and assess the part upon the lands and buildings in the municipality which, in its judgment, are especially benefited thereby, whether they abut on the erosion control system or not, and upon the owners of the lands and buildings, subject to […]

Section 46-3-14. – Apportionment of assessments.

§ 46-3-14. Apportionment of assessments. Whenever any assessment is made as herein provided, the amount to be raised thereby shall be apportioned among the properties benefited according to such rule as the legislative body may adopt; provided that no benefits shall be assessed against any property in excess of the special benefit to accrue to […]

Section 46-3-15. – Application of assessment proceeds.

§ 46-3-15. Application of assessment proceeds. The proceeds of the assessments, whether or not pledged for the payment of securities, shall be segregated from other funds of the municipality, and shall be used only to pay for the construction of the erosion control system or particular portion thereof in respect to which the assessments are […]

Section 46-3-16. – Technical advice — Acquisition and supervision expense.

§ 46-3-16. Technical advice — Acquisition and supervision expense. The department of environmental management is authorized to furnish at the request and expense of the legislative body such technical advice consisting of plans, specifications, surveys, appraisals, cost estimates, engineering, and inspection services as the legislative body may deem advisable. Whenever the legislative body contracts with […]

Section 46-3-17. – Title to land acquired — Municipal contributions.

§ 46-3-17. Title to land acquired — Municipal contributions. (a) Whenever any land is purchased or otherwise acquired pursuant to the provisions of this chapter, title to the land shall be taken in the name of the state of Rhode Island and payment therefor shall be made in the first instance by the state from […]

Section 46-3-18. – Transfer of land to municipality.

§ 46-3-18. Transfer of land to municipality. (a) Title to any land or interest therein purchased or acquired for carrying out the purposes of this chapter shall vest in the municipality for which it is acquired upon transfer of title from the state as the acquiring authority hereunder. (b) The transfer of title by the […]

Section 46-3-19. – Cost of construction — Federal assistance.

§ 46-3-19. Cost of construction — Federal assistance. In the event that the federal government shall make available any funds for all or part of the construction of protective works, as defined in § 46-3-7, the remaining portion of the cost therefor not fully covered by the federal funds may be borne by the city […]

Section 46-3-2. – Declaration of purpose.

§ 46-3-2. Declaration of purpose. Consistent with the legislative determination and declaration of state policy to protect and promote the health, safety, and welfare of the people as heretofore set forth in this chapter, it is hereby declared to be the intention of the state, by cooperative means providing for the acquisition, by purchase or […]

Section 46-3-20. – Authority of director — Federal assistance.

§ 46-3-20. Authority of director — Federal assistance. (a) The director of the department of environmental management shall have full and complete authority to act as the public agency of the state, to cooperate with and assist the federal government in all matters relating to the construction of protective works in the event that the […]

Section 46-3-3. – “Municipality” defined.

§ 46-3-3. “Municipality” defined. The word “municipality” as used in this chapter means a city or town, as the case may be. History of Section.P.L. 1956, ch. 3837, § 16; G.L. 1956, § 46-3-3.

Section 46-3-4. – Cooperation with federal government — Prevention of erosion.

§ 46-3-4. Cooperation with federal government — Prevention of erosion. The department of environmental management is hereby designated the shore erosion authority of the state for the purpose of cooperating with the beach erosion board of the department of defense, as provided for in 33 U.S.C. § 426. The department of environmental management shall carry […]

Section 46-3-5. – Beach areas classed as exposed — Extent of areas.

§ 46-3-5. Beach areas classed as exposed — Extent of areas. Open beach areas, including spits, dunes, and barrier beaches that are subject to loss of material through high waves, strong currents, or scouring wave action, or beach areas vulnerable to storm damage because of geographical location, are classed as exposed beach areas within the […]

Section 46-3-6. – State payments toward acquisition of exposed beach areas.

§ 46-3-6. State payments toward acquisition of exposed beach areas. To carry out the purposes of this chapter, the state, acting through the department of environmental management, shall provide the payment for two-thirds (⅔) of the cost of acquisition by a municipality of exposed beach areas as defined in § 46-3-5; provided, however, that the […]

Section 46-3-7. – Designation of exposed areas — Protective works.

§ 46-3-7. Designation of exposed areas — Protective works. For the purpose of promoting the public health, safety, and general welfare, the city council of any city and the town council of any town, hereinafter referred to as the “legislative body,” shall have power in accordance with the provisions of this chapter, to designate the […]

Section 46-3-8. – Application for state aid.

§ 46-3-8. Application for state aid. Upon the determination that any exposed beach area requires attention, the legislative body shall apply for state aid as herein provided for acquiring any land or interest therein needed, and shall request the department of environmental management to make an inspection of the area for the purpose of entering […]

Section 46-3-9. – Cooperative agreements with municipalities.

§ 46-3-9. Cooperative agreements with municipalities. (a) Upon the finding that the acquisition of land or interest therein is required for the purpose of this chapter, the department of environmental management shall enter into an agreement with the legislative body to provide for the acquisition of such land or interest as aforesaid in the manner […]