CRMC 



d) CRMC regulations, except for certain floodplain building requirements, are not 

 included as an attachment to the state building code; 



e) CRMC regulatory language does not specifically prohibit issuance of a municipal 

 building permit until a completed CRMC assent has been obtained; and 



f) CRMC is not empowered to undertake restoration work (or to hire an agent to 



perform restoration work) and back-charge the violator. 



With the exception of a) and f) above, all of the itemized deficiencies are being 

 addressed by bills submitted in the current session of the Rhode Island General Assembly. 



The Attorney General's Office has also submitted a legislative package providing for 

 significant revisions of enforcement practice. The legislation broadens the definition of 

 violations under which enforcement actions may proceed, provides increased enforcement 

 authority to staff, allows municipal police to take enforcement actions, and provides for 

 citizens suits. 



To achieve consistency among state regulatory remedies, CRMC should 

 have authority to issue administrative fines, and to establish financial 

 penalties of sufficient magnitude to both discourage unpermitted activity 

 and support enforcement efforts. 



Similarly, attachment of permit conditions as deed encumbrances can be 

 an extremely useful enforcement mechanism if supported at the local level. 



Section 2-1-22 (f) of the Amended Freshwater Wetlands regtilations states that "notice of 

 permit and notice of confpletion of work subject to permit shall be eligible for recordation 

 under Chapter 13 of titie 34 and shall be recorded at the expense of the applicant in the land 

 evidence records of the city/town where the property subject to permit is located, and any 

 subsequent transferee of such property shall be responsible for complying with the terms 

 and conditions of the permit." 



This provision is extremely important, in that: 



a) public notice is provided in at least a limited manner, 



b) responsibility for maintenance of permit conditions is established, along with a 

 mechanism for transfer of responsibility; 



c) a reference showing applicability of the wetland regulations is made available to 

 building inspectors, so that compliance with specifications can be assured at the 

 local level; and 



d) DEM can take action in situations in which violations go uncorrected. 



Town building codes should specifically reference all CRMC 

 requirements, and should require as a fmm provision that occupancy permits may not be 

 issued until all applicable state permit conditions, including CRMC permit conditions, arc 

 complied with. 



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