User Fees at State Beaches, Parks, and Recreational Areas

Regulation Authority:

42-17.1-9.1

Purpose and Reason:

The state's budget was recently passed by the Assembly and signed by the Governor amending RIGL 42-17.1-9.1. This statute authorizes DEM to promulgate regulations to charge parking fees on a daily or annual basis at any state beach or recreational area. The recent amendment modified RIGL 42-17.1-9.1(e) to reduce beach parking fees to those effective before July 1, 2011, thus denying DEM the statutory authority to administer the current regulations without this proposed regulatory amendment. The only means by which DEM can promulgate the above regulatory change effective July 1, 2016 as mandated is via emergency rulemaking. Otherwise, the regulations would be rendered void due to the absence of statutory authority. Thus, the Department would be unable to impose any charges or fees at state beaches or recreational areas; which would, thereby, deny the Department the ability to control entrance into these areas, and create bedlam and an imminent peril to the public safety and welfare.

Brief statement of Reason for Finding Imminent Peril:

See above.