TITLE 45
Towns and Cities

CHAPTER 45-62
Dam Management Districts

SECTION 45-62-3


§ 45-62-3. Power of councils.

(a) The council of any city or town is authorized and empowered to establish by ordinance one or more dam management districts within the city or town; if the need for the management of a dam or dams is multi-municipal, a multi-municipal dam management district may be established by the concurrent adoption of an ordinance by the city or town councils of the municipalities in which the dam management district will be located. The ordinance shall set forth the boundaries of the district, provide for the governance and administration of the district, and require for annual reporting by the district, as a minimum, to each city and town with area within the district and the department of environmental management.

(b) Except as restricted or limited by ordinance, a dam management district shall have the power to:

(1) Provide for entry of city, town, state or district officials in a manner equivalent to the provisions of § 23-27.3-112.0, onto private property within the district when necessary for the periodic inspection, maintenance and/or repair of dams and appurtenant facilities;

(2) Provide for the supervision, control, maintenance, repair and/or reconstruction of dams, including activities relating to dam removal;

(3) Establish a public education program to educate new residents and update members of the district on new information or procedures for proper maintenance and operation of dams and the implications for failing to operate and maintain dams in a manner that meets generally accepted dam safety practices;

(4) Raise and expend funds for the administration, operations, contractual obligations, and services of the district, and fix and collect rates, fees, and charges within the district for the provision of dam management services by the district;

(5) Employ staff, counsel, and consultants as necessary to carry out the functions of the district and purposes of this chapter;

(6) Acquire, hold, use, sell, transfer and lease real or personal property, and to own, operate, maintain, repair, improve any property acquired;

(7) Apply for, contract for, receive, and expend grants and loans for the maintenance, repair, removal and/or reconstruction of dams, and for other activities authorized by this chapter; and

(8) Adopt a common seal, sue and be sued, and enjoy the powers generally incident to corporations.

(c) Any dam owned and furnished by any municipality, water district, fire district or any other municipal or quasi-municipal corporation that is regulated as a water supplier by the Rhode Island public utilities commission under chapter 1 of title 39 and subject to the provisions of chapter 15.6 of title 46 shall be exempt from the provisions of this chapter.

(d) With respect to the towns of Burriville and Glocester, collection of Dam Management District fees shall be in the same manner as provided by law for the collection of taxes by municipalities and the collector of fees for the said Management District shall, for the purposes of collecting fees assessed by said Management District, have the same powers and authority as are by law conferred on collection of taxes for towns in the state.

History of Section.
(P.L. 2005, ch. 138, § 1; P.L. 2005, ch. 145, § 1; P.L. 2008, ch. 282, § 1; P.L. 2008, ch. 362, § 1.)