Tides of Change: Rhode Island Coastal Development Update

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Recent legislation enacted by the Rhode Island General Assembly brings reforms to the Rhode Island Coastal Resources Management Council (CRMC) in March 2026. Other new laws and CRMC priorities, and changes to permitting processes may impact upcoming coastal developments.

Coastal Resource Management Council (CRMC) Reform

The 2024-2025 Rhode Island General Assembly Legislative session faced two competing bills to reform CRMC. CRMC is a politically appointed, quasi-governmental decision-making body that sits above a professional staff of experts responsible for administering CRMC’s regulations for managing, preserving, protecting, and restoring Rhode Island’s coastline.[1]

The General Assembly addressed recent challenges facing CRMC by reducing the size of the politically appointed Council and instituted certain qualification requirements for three of the seven positions.[2] The reform bill, signed into law by Governor Dan McKee on June 30, 2025, reduces the council from ten to seven members and continues to retain the director of the Rhode Island Department of Environmental Management on the council in an ex officio capacity.[3] The reform also eliminates the previous requirement that three appointees be officials from municipalities with a population over 25,000 and three from municipalities with a population under 25,000.

The law adds the new requirement that all appointees to the council “possess background, qualifications and expertise in environmental and coastal management matters,” and specifies that at least one appointee be an engineer, one be a coastal biologist, and one be a representative of an environmental organization.[4] The reform also reduces the number of members required to be present to constitute a quorum, down to four from six, with the goal that it may be easier to hold CRMC meetings with fewer members.[5]

The changes go into effect on March 1, 2026, however, existing councilmembers serve until all seven members of the newly constituted council are appointed and confirmed.[6]

Many members of the community were seeking an alternative reform of CRMC proposed by Attorney General Peter Neronha and supported by various NGOs.[7] This alternative reform effort would have transitioned CRMC from a politically appointed body into a full agency of the state, the Department of Coastal Resources.[8]

Coastal Resource Management Council Priorities

CRMC Funding:

CRMC receives roughly 50% of its funding for operations from the Federal Government. That funding supports CRMC’s legal and operations staff, and shifting priorities at the federal level threaten that funding. The Federal Government’s continued focus on reducing resources for coastal programs could impact CRMC in the future and lead to various challenges for developers including reduced CRMC staffing, slower permit reviews, or less support for resources such as CRMC’s STORMTOOLS.

Parking for Shoreline Public Access:

Recently enacted legislation requires any municipality, private entity, or other organization that seeks to modify parking “near designated CRMC rights-of-way” to submit to CRMC “a comprehensive parking plan which shall provide a detailed plan outlining the proposed changes.”[9] The report must identify the parking areas impacted, the reason for the changes, a discussion of how the changes impact shoreline access for the public, and demonstration that the changes do not reduce shoreline access for disabled individuals.[10] Parking plans are subject to a public notice and comment period and agency review.[11]

The law also provides for enforcement by CRMC if “any entity” reduces or restricts parking near a CRMC right-of-way without complying with the parking plan requirements.[12] CRMC is granted the authority to issue cease-and-desist orders and fines for up to $500 per day for each day of noncompliance.[13]

Coastal Permitting Updates

CRMC and the U.S. Army Corps of Engineers have also recently announced permitting updates for dredging and coastal development. Applicants seeking to conduct a dredging project must obtain a joint permit from CRMC and DEM. A recent change now requires applicants to submit sediment sampling plans to CRMC prior to submitting their dredging application. Sediment sampling plans must be approved before a dredging application can be submitted on RIDEM’s portal.

The U.S. Army Corps is also updating their Nationwide Permits and Regional Conditions. The Army Corps published notice of the revised New England and Rhode Island Regional Conditions on June 18 in conjunction with the reissue of the Nationwide Permits.[14]  The comment period on the Nationwide Permits closes July 18, 2025 and the comment period for the Regional Conditions closes on August 4, 2025. Regional Conditions impacting Rhode Island projects include revised pre-construction notice requirements for certain projects and water areas, revised aquaculture requirements, and time of year requirements.[15]


[1] R.I. Coastal Resources Management Council.

[2] H.R. 6126 Sub A, 2025 Jan. Sess. (R.I. 2025).

[3] Id.

[4] Id.

[5] Id.

[6] Id.

[7] See H.R. 5706, 2025 Jan. Sess. (R.I. 2025).

[8] Id. 

[9] S.R. 0716aa, 2025 Jan. Sess. (R.I. 2025).

[10] Id.

[11] Id.

[12] Id.

[13] Id.

[14] U.S. Army Corps of Engineers, Proposed NAE NWP Regional Conditions Rhode Island, June 18, 2025; U.S. Army Corps of Engineers, 2026 Nationwide Permits Public Notice, June 18, 2025;Proposal To Reissue and Modify Nationwide Permits, 90 Fed. Reg. 26100 (June 18, 2025).

[15] U.S. Army Corps of Engineers, Proposed NAE NWP Regional Conditions Rhode Island, June 18, 2025.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Adler Pollock & Sheehan P.C.

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