Shoreline Access Commission
WIN. Currently being challenged in Court
Help shoreline access advocate Scott Keeley fund an educational radio commercial to spread accurate information to the public regarding the new public access law.
Overview.
2021
The Special Legislative Commission to Study and Provide Recommendations on the Issues Relating to Lateral Access Along the Rhode Island Shoreline was created upon the passage of RI House Bill H5469 (Dem 8-0) in June 2021.
Appointees include bipartisan house Reps, attorneys, marine affairs professors, retired RI Supreme Court justice, and notable members from CRMC, Save the Bay, RI Realtors, and land surveyors.
2022
After 8 months, the Special Commission has concluded its meetings and research, and proposed legislative changes to clarify the boundary between public shoreline access and private property as a line 10’ landward of the recognizable high tide line.
Some appointees who went into the study skeptical of a need for change, came out of the process with minds changed with all appointees in full support of legislative updates.
House Bill H8055 passed the House Judiciary, and passed with unanimous bipartisan support in the House under the modified H8055 Sub A that moved the line to 6’ landward.
H8055 was sent to the Senate Judiciary to be considered for a vote.
2023
House Bill H5174, introduced to the House by 10 Dems, defines the recognizable high tide line for the public's rights and privileges of the shore as opposed to the current standard of the Mean Hight Water line. H5174 passed the full House with a unanimous 63 Yes vote.
Partner Senate Bill S0417 introduced in February 2023 defines public passage up to the natural vegetation line (to be determined by CRMC). S0417 was on hold per the Senate Judiciary Committee’s recommendation for further study, despite the lengthy and thorough 8 month House study.
In June 2023, S0417 Sub A was introduced defining public passage 10’ landward of the most recent recognizable high tide line on passable sandy or rocky shore. Within a month of proposal, Sub A passed the Senate, House, and was signed into law by the Governor.
2023 continued.
The new law is being challenged in court (original case filing here). A group of coastal landowners, mostly with primary residences out of state, are requesting an injunction on the new law taking effect until their challenge can be heard in court. Their argument is violation of the Fifth Amendment, as taking of private property by the RI government without proper compensation.
Shoreline access advocates argue the shoreline was always held in public trust by the state, the new law helps clarify and enforce existing privileges on land that was always public, and misinformed housing deeds cannot trump a state constitution.
The Rhode Island Constitution clearly states in Section 16 “The powers of the state… to regulate and control the use of land and waters… in furtherance of the protection of the rights of the people to enjoy and freely exercise the rights of fishery and the privileges of the shore, as those rights and duties are set forth in Section 17, shall be an exercise of the police powers of the state, shall be liberally construed, and shall not be deemed to be a public use of private property.”
2024
While the new shoreline access law makes its way through Rhode Island courts, a RI Superior Court Judge sides with shoreline homeowners arguing an “unconstitutional taking” of property by the government.
Access advocates point to potential conflicts of interest from Superior Court Judge Taft-Carter, whose husband is a landscape architect specializing in commercial & residential projects which include “coastal buffer management”.
However, this may prove an opportunity for the new law to make it to the RI Supreme Court for full clarification once and for all on practical use of the public’s rights per the 1982 Ibbison ruling and RI constitutional amendment of 1986.
Where we are now.
—PUBLIC ACCESS WIN—
S0417 has been signed into law by Rhode Island Governor Dan McKee on June 26, 2023.
After an initial hold due to the Senate Judiciary’s recommendation for further study, the proposed Sub A was passed in June by both the Senate and the House before being sent to the governor.
The new law is immediately effective and provides the public’s rights / privileges of the shore where shore exists, on wet / dry sand or rocky beach, up to ten feet (10’) landward of the recognizable high tide line.
This important win clarifies the legal boundary for the public privilege to the shore, established in the original Rhode Island Constitution, and remedies the flawed logic of the 1982 Ibbison Case that utilized the (at times underwater) Mean High Tide Line (MHT) as the legal boundary.
Read the full text of the law here
The new law is already being challenged in court by coastal landowners arguing taking of private property without compensation. Most updated information regarding the case can be followed here.
VIDEO 31 Mar 2022 Discussions on Commission Draft Report and proposed bill H8055
VIDEO 3 Mar 2022 Discussions on previous testimony and documents
VIDEO 10 Feb 2022 Discussions on previous testimony and documents
VIDEO 27 Jan 2022 Presentations by Professor Michael C Blumm Esq, written testimony by Jeffrey Bain Faculty Scholar & Prof of Law at Lewis & Clark Law School.
VIDEO 26 Aug 2021 Presentations by Sean Lyness, Faculty Fellow New England Law Presentation: The History of Shoreline Access in RI, followed by Jeff Willis, Executive Director CRMC regarding Rights-of-Way.
VIDEO 23 Sept 2021 Presentations by Marine Affairs expert Dennis Nixon and survey expert Mark Boyer explaining to Judge Flaherty that the MHW Line changes daily.
VIDEO 14 Oct 2021 Presentation by Nathan Vinhateiro, & Janet Freedman of URI Coastal Institute regarding coastal dynamics, and Prof Dennis Nixon of URI Marine Affairs on 1986 RI Constitutional Convention.
VIDEO 28 Oct 2021 Presentations by DEM followed by public comment. Written testimony was also accepted and will be posted.
VIDEO 4 Nov 2021 full meeting, including presentations by John Boehnert of JMB Law Offices on Coastal Property Ownership, and Richard Hittinger & Peter Jenkins of RI Saltwater Anglers regarding shoreline access for fishing.
VIDEO 18 Nov 2021 Special meeting held at Chariho Middle School, dedicated to public testimony
Related Resources.
Full timeline and text of S0417 Sub A — signed into law on June 26, 2023. Provides the public’s rights on wet / dry sand or rocky beach, up to ten feet (10’) landward of the recognizable high tide line.
Bipartisan bill proposed after the conclusion of the Shoreline Study Commission, suggesting constitutional changes in favor of a “recognizable high tide line” as a means of boundary as opposed to the previously ambiguous “Mean High Water MHW” line. If passed, this bill would allow lateral public shoreline access under the RI Constitution within 10’ landward of the high tide line.
Shoreline Access Special Commission final report following 7 months of meetings, research, historical and professional testimonies.
RI State House page with all commission documents, agendas, attachments, meeting links, and past meeting videos.
Passed partisan bill (Dem 8-0), June 2021, to Study And Provide Recommendations On The Issues Relating To Lateral Access Along The Rhode Island Shoreline (prevents A Person From Being Prosecuted For Fishing, Gathering Seaweed, Swimming Or Passage Along The Sandy Or Rocky Shoreline Within Ten Feet (10') Of The Most Recent High Tide Line.)
Introduced Mar 2021 by Senators DiMario, Euer, Valverde, DiPalma, Seveney, Bell, Kallman, Anderson, and Coyne. To redefine coastal access from the Mean High Tide Line to the most recent High Tide.
Introduced Feb 2020 by bipartisan Rep Terri-Denise Cortvriend (D) and Rep Blake Filippi (R), sought to prevent prosecution of passage along the shore within 10’ of most recent high tide line. While the bill died in committee, link to bill details and any subsequent updates. Also see Allies
“Lateral Access to the Rhode Island Shore: Introductory Report” by Amanda Argentieri, Sea Grant Law Fellow, Roger Williams University School of Law
A pivotal case in the interpretation of the State Constitution that impacted RI shoreline access, the 1982 Rhode Island Supreme Court decision resulted in the mean high tide line being calculated by an 18.6 year lunar cycle.
RI Gen Assembly Report of the Special Commission to discover Public Rights-of-Way to water areas of the state, Governor Dennis Roberts, 1958
Summer Webinar Series 2023: informational discussion regarding 2023 shoreline access law, with speakers Leah Feldman (CRMC), Michael Woods (BHA), Monica Allard Cox (RI Sea Grant), State Rep Mark McKenney & Terri Cortvriend.
Guidelines and information from CRMC regarding the 2023 shoreline access law.
Press
