2022 -- H 7853

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LC004975

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO WATERS AND NAVIGATION -- DAMAGES FROM MILLDAMS -- THE

JOHNSON'S POND PROTECTION ACT

     Introduced By: Representatives Nardone, Roberts, Serpa, Noret, McNamara, P Morgan,
and Chippendale

     Date Introduced: March 04, 2022

     Referred To: House Environment and Natural Resources

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 46-18-1 of the General Laws in Chapter 46-18 entitled "Damages

from Milldams" is hereby amended to read as follows:

     46-18-1. Right of owner to continue and improve dam and pond.

     (a) Whenever any person, either upon his or her own land or upon the land of another with

his or her consent, shall have set up any water mill or dam for the purpose of forming a pond to

supply water to any mill or mills upon the stream whereon the dam is located, the owner of the mill

or dam may continue and improve the pond and keep up the dam thereof on his or her own land for

his or her advantage without molestations, except as provided in subsection (b) of this section.

     (b) The provisions of this section shall be governed by the provisions of §§ 2-1-18 through

2-1-28.

     SECTION 2. Section 2-1-23 of the General Laws in Chapter 2-1 entitled "Agricultural

Functions of Department of Environmental Management" is hereby amended to read as follows:

     2-1-23. Violations.

     (a) In the event of a violation of § 2-1-21, the director of environmental management has

the power to order complete restoration of the freshwater wetland, buffer, floodplain, or other

jurisdictional area involved by the person or agent responsible for the violation. If the responsible

person or agent does not complete the restoration within a reasonable time following the order of

the director of the department of environmental management, the director has the authority to order

the work done by an agent of the director's choosing and the person or agent responsible for the

original violation is liable for the cost of the restoration. The violator is liable for a fine not

exceeding five thousand dollars ($5,000) for each violation, except that if the violator knowingly

or recklessly alters a freshwater wetland, buffer, floodplain or other jurisdictional area without a

permit or approval from the director; knowingly or recklessly alters a freshwater wetland, buffer,

floodplain or other jurisdictional area in violation of the rules or regulations promulgated by the

director; or alters a freshwater wetland, buffer, floodplain or other jurisdictional area in violation

of a permit issued by the director, then the violator is liable for a fine not exceeding ten thousand

dollars ($10,000) for each violation six thousand dollars ($6,000) for the first offense; twelve

thousand dollars ($12,000) for the second offense and thirty-six thousand dollars ($36,000) for all

subsequent offenses.

     (b) In addition, the director of the department of environmental management may enter

upon the freshwater wetland, buffer, floodplain, or other jurisdictional area, to restore the water

levels and flow rates of the pond to match historical norms and take into consideration the effects

of climate change.

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO WATERS AND NAVIGATION -- DAMAGES FROM MILLDAMS -- THE

JOHNSON'S POND PROTECTION ACT

***

     This act would make the Milldam Act subject to the provisions of the Freshwater Wetlands

Act and would also grant authority to the director of the department of environmental management

(DEM) to enter upon the freshwater wetland to restore the water levels of the pond to match historic

norms. Additionally, this act would also increase the fines for intentionally altering wetlands,

without the approval of the director of DEM, to six thousand dollars ($6,000) for the first offense;

twelve thousand dollars ($12,000) for the second offense and thirty-six thousand dollars ($36,000)

for all subsequent offenses.

     This act would take effect upon passage.

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