§ 46-23-18.1. Permitting. (a) Any person, either as principal, agent, or servant, or any firm, corporation or any other entity desiring to conduct any activity or activities specified in § 46-23-18 shall file an application for a permit with the coastal resources management council upon forms furnished by coastal resources management council.

(b) A hearing shall be held on the application within thirty (30) days of filing.

(c) The applicant shall bear the burden of proving that the activity or activities specified in the application will cause no significant adverse impact upon the environment or natural resources of the state, and the coastal resources management council shall be empowered to deny the application if the applicant does not demonstrate, in addition to other requirements of this chapter, that the activity or activities will not:

(i) Significantly adversely affect any shellfish management area as designated by the department of environmental management or the marine fisheries council;

(ii) Be in a significant conflict with the marine ecology within or adjacent to the state's territorial waters; or

(iii) Significantly harm or destroy existing fishing grounds.

(d) With respect to an application seeking a permit from the coastal resources management council to conduct or cause to conduct dredging, transportation and/or disposal of dredge material, the applicant shall also satisfy the council that the proposal in the application is consistent with a comprehensive program developed pursuant to § 46-23-6(1)(ii)(H).

(e) In determining whether an applicant has met the burden of proof under subsection (c), the coastal resources management council shall apply standards that conform with the federal Environmental Protection Agency's applicable standards and guidelines for the management of dredge materials, including, but not limited to, the federal Environmental Protection Agency's rules, regulations and guidelines for deviating from said standards.

(f) The applicant shall, at least three (3) days before commencing any dredging, give written notice to the coastal resources management council of the intent to commence the activities specified in the permit.

History of Section. (P.L. 1996, ch. 271, § 3; P.L. 1996, ch. 281, § 3.)