A new Rhode Island law shifts control of major tidal land projects from regulators to lawmakers—and it could affect plans for waterfront fitness facilities.
Most gym and fitness studio owners in Rhode Island don't realize that a provision buried in state legislation could reshape how—or whether—waterfront expansion projects get approved.
Here's what changed: Rhode Island passed S3148, which fundamentally altered who gets to say yes to large-scale projects on state tidal lands. The change took effect upon passage of the bill.
Under the amendment to 46-23-1(f)(2)(i) (found on Page 4 of the bill), any project involving a lease or license of state tidal lands covering 25 acres or more now requires approval by the full Rhode Island General Assembly—not just the Coastal Resources Management Council (CRMC), the state agency that traditionally handled these permits.
This applies to a range of coastal activities: offshore energy development, aquaculture operations, submarine cable landings, and large marina or waterfront facility projects. If your fitness studio or gym is considering a major waterfront expansion, renovation, or new facility development that touches state tidal lands at that scale, this matters.
The shift from administrative approval to legislative approval introduces three practical complications:
Timeline uncertainty: CRMC reviews follow established regulatory timelines. Legislative approval does not. Getting a bill through the General Assembly introduces political scheduling, committee delays, and competing priorities that can stretch project timelines unpredictably.
Political risk: A regulatory agency applies technical standards. Legislators respond to constituent concerns, competing interests, and political considerations. A project that meets environmental and safety standards may still face legislative opposition for reasons unrelated to its merits.
Higher stakes: Moving from an administrative process to a legislative one means more visibility, more stakeholder involvement, and higher costs for legal and advocacy support.
If you operate a small or mid-sized gym or fitness studio, this likely doesn't apply to you unless you're planning a major waterfront development on state tidal lands exceeding 25 acres—an uncommon scenario for most fitness businesses. However, if your studio is part of a larger mixed-use waterfront project, or if you're exploring a significant coastal property development, it's worth understanding how this rule could extend timelines and add complexity.
Developers and property owners considering large-scale coastal projects—including those that might include fitness facilities as part of a broader waterfront development—should factor in this additional approval layer and budget accordingly for the extended review process.
The Bottom Line
S3148 doesn't ban waterfront projects. It simply moved the approval authority from a regulatory agency to the legislature for projects over 25 acres. If you're planning anything at that scale, expect a longer, more politically complex approval process than you would have faced under the previous system.
Source: Rhode Island S3148, Section 1, amending 46-23-1(f)(2)(i), effective upon passage.