All persons who shall build into or over public tidewaters, by authority of the department
or by authority of the general assembly, any wharf, pier, bridge, or other structure,
or drive any piles into the land under public tidewater, or fill any flats, shall,
before beginning the work, give written notice to the department of environmental
management of the work they intend to do, and submit plans of any proposed wharf or
other structure and of the flats to be filled, and of the mode in which the work is
to be performed; and no work shall be commenced until the plan and mode of performing
the work shall be approved in writing by the director of the department of environmental
management; and the director may alter the plans at his or her discretion and may
prescribe the direction, limits, and mode of building the wharves or other structures;
provided, that nothing herein contained shall be construed to impair the rights of
any riparian proprietors to erect wharves authorized to be erected under any of the
laws establishing harbor lines within the state or otherwise by the general assembly.
Notes of Decisions
Cited in
4
cases, 1960–2004 · leading case:
Mosby v. Devine, 851 A.2d 1031 (R.I. 2004).
Mosby v. Devine, 851 A.2d 1031 (R.I. 2004).
· cites it 14× “In that case, this Court considered whether a hearing was required to review an application to fill submerged lands filed under G.L.1956 § 46-6-2. Rego, 109 R.I. at 261-63 , 284 A.”
Colonial Hilton Inns of New England, Inc. v. Rego, 284 A.2d 69 (R.I. 1971).
· cites it 6× “There is no merit to petitioner’s argument that this proceeding is not a contested case within the meaning of §42-35-1 (b) because §46-6-2, the statute under which the pe *263 titioner filed its application for relief, contains no specific provision requiring the Department of…”
Nugent Ex Rel. Collins v. Vallone, 161 A.2d 802 (R.I. 1960).
· cites it 4× “In substance they contend that the proposed pier will be an interference with navigation; that it will constitute an unlawful appropriation of the public domain under the waters of the east passage; that respondents Vallone and Ise were without lawful authority to assent to the…”
Volpe v. Marina Parks, Inc., 220 A.2d 525 (R.I. 1966).
“1956, §46-6-2, sought from the director of public works approval of their plans to construct a pier in front of their property which would project into the waters of the bay.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.