TITLE 42
State Affairs and Government

CHAPTER 42-17.1
Department of Environmental Management

SECTION 42-17.1-4


   § 42-17.1-4  Divisions within department. – Within the department of environmental management there are established the following divisions:

   (1) A division of parks and recreation which shall carry out those functions of the department relating to the operation and maintenance of parks and recreation areas and the establishment and maintenance of such additional recreation areas as may from time to time be acquired and such other functions and duties as may from time to time be assigned by the director;

   (2) A division of fish and wildlife which shall carry out those functions of the department relating to the administration of hunting, fishing, and shell fisheries; the preservation of wetlands, marsh lands, and wildlife and such other functions and duties as may from time to time be assigned by the director;

   (3) A division of agriculture which shall carry out those functions of the department relating to agriculture, and such other functions and duties as may from time to time be assigned by the director, including, but not limited to, plant industry, farm viability, marketing and promotion, farmland ecology and protection, plant and animal health and quarantine, pesticides, mosquito abatement, pest survey and response, food policy and security, and, in collaboration with the department of health, public health as it relates to farm production and direct marketing of farm products, and those agreed upon through memorandum of agreement with the department of health or other state agencies. The department of health shall continue to act as the lead agency for all public health issues in the state pursuant to chapter 23-1. Nothing herein contained shall limit the department of health's statutory authority, nor shall any provision herein be construed as a limitation upon the statutory authority of the department of health granted to the department under title 23 of the general laws, nor shall any provision herein be construed to limit the authority of the department of environmental management to enter into memoranda of agreement with any governmental agency.

   (4) A division of coastal resources which shall carry out those functions of the department relating to harbors and harbor lines, pilotage, flood control, shore development, construction of port facilities, and the registration of boats and such other functions and duties as may from time to time be assigned by the director, except that the division shall not be responsible for the functions of inspection of dams and reservoirs, approving plans for construction or improvement of dams, reservoirs and other structures in non-tidal waters, and the operation of stream-gauging stations in cooperation with the United States Geological Survey, and provided further that the division and its staff shall be responsible through the director of environmental management, to the coastal resources management council, and the chief and the staff of the division shall serve as staff to the council;

   (5) A division of planning and development which shall carry out those functions of the department relating to planning, programming, acquisition of land, engineering studies and such other studies as the director may direct, and which shall work with the board of governors for higher education and the board of regents for elementary and secondary education, with educational institutions at all levels and with the public in the dissemination of information and education relating to natural resources and shall perform the publication and public relations functions of the department, the functions of inspection of dams and reservoirs, approving plans for construction or improvement of dams, reservoirs, and other structures in non-tidal waters, and the operation of stream-gauging stations in cooperation with the United States Geological Survey;

   (6) A division of enforcement which shall enforce all of the laws and regulations of the department and the coastal resources management council, which shall cooperate with the other enforcement agencies of the state and its municipalities, and which shall administer all of the policing, enforcing, licensing, registration, and inspection functions of the department and such other functions and duties as may from time to time be assigned by the director;

   (7) A division of forest environment which shall carry out those functions of the department relating to the administration of forests and natural areas, including programs for utilization, conservation, forest fire protection, and improvements of these areas; assisting other agencies and local governments in urban programs relating to trees, forests, green belts, and environment and such other functions and duties as may from time to time be assigned by the director;

   (8) A division of boating safety which shall carry out those functions of the department relating to the development and administration of a coordinated safe boating program in accordance with the Model Safe Boating Act of 1971 as approved by the National Association of State Boating Law Administrators;

   (ii) Administration of the division of boating safety shall be the responsibility of the state boating law administrator whose duties shall include:

   (A) The enforcement of all laws relating to the act;

   (B) The powers vested in the state boating law administrator and boating safety enforcement officer shall include the enforcement of laws, rules and regulations relating to "Regulation of Boats," title 46, chapter 22 and shall also include the power to:

   (I) Execute all warrants and search warrants for the violation of laws, rules and regulations relating to the act.

   (II) Serve subpoenas issued for the trial of all offenses hereunder.

   (III) To carry firearms or other weapons, concealed or otherwise, in the course of and in performance of their duties under this chapter.

   (IV) To arrest without warrant and on view any person found violating any law, rule, or regulation relating to the act, take that person before a court having jurisdiction for trial, detain that person in custody at the expense of the state until arraignment and to make and execute complaints within any district to the justice or clerk of the court against any person for any of the offenses enumerated under the act committed within the district.

   (V) Boating safety enforcement officers shall not be required to give surety for costs upon any complaint made by him or her.

   (iii) The development and administration of a coordinated safe boating program.

   (iv) The establishment and enforcement of such rules and regulations as are deemed necessary to achieve the purposes of the Model Safe Boating Act as approved by the state boating law administrators.

   (v) The state boating law administrator shall serve as the liaison to the United States Coast Guard.

History of Section.
(G.L. 1956, § 42-17.1-4; P.L. 1965, ch. 137, § 1; P.L. 1970, ch. 216, §§ 1, 2; P.L. 1971, ch. 279, § 2; P.L. 1973, ch. 197, § 1; P.L. 1974, ch. 163, § 1; P.L. 1976, ch. 327, § 1; P.L. 1976, ch. 329, § 3; P.L. 2011, ch. 368, § 1.)