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RI Coastal Resources Management Council

...to preserve, protect, develop, and restore coastal resources for all Rhode Islanders

Frequently Asked Questions (FAQs)
General
FAQs

The Rhode Island Coastal Resources Management Council (CRMC) is the state agency tasked with managing and regulating activities that occur on and near the coast of our state. It was created in 1971 by the General Assembly, comprised of a professional staff of engineers and biologists, and a 10-member Council of Governor-appointed laypeople representing different Rhode Island communities. The Council serves as the adjudicatory arm of the agency and hears complex and difficult applications, as well as regulatory matters.

In order to carry out its mandate to “preserve, protect, develop, and where possible, restore the coastal resources of the state for this and succeeding generations…,” the agency is involved in many different functions in the state’s coastal zone. The CRMC is in its simplest form, a management and planning, and permitting agency. But it also investigates and designates rights-of-way to the shore, manages habitat restoration projects, serves as the state’s dredging coordinator, regulates the state’s aquaculture industry, oversees municipal harbor management plans and marina activities, develops long-term area-specific plans called Special Area Management Plans, regulates certain federal activities in coastal areas, and leads the state’s efforts to combat aquatic invasive species. It also participates in long-term planning to address climate change, storm-related issues that impact Rhode Island, sea level rise, and coastal adaptation. For more, explore our web site.

For more information on our other areas of jurisdiction and expertise, browse the Topics dropdown menu from the CRMC homepage for more.

Our professional staff processes applications, creates policy and planning tools and documents, evaluates special projects, and advises the Council on certain permitting activities. The CRMC executes the state’s coastal program or Rhode Island Coastal Resources Management Plan (Red Book), as well as select federal activities that occur in Rhode Island and its waters, and regularly cooperates and collaborates with other municipalities, state and federal agencies, and non-governmental organizations. For more on the CRMC’s various programs, go to our Regulations page.

Generally, it is defined as all tidal waters of the state extending to three (3) nautical miles offshore, and includes all coastal features (e.g., coastal beaches, barriers, dunes, coastal wetlands, rocky shorelines, etc.) and the 200-foot contiguous area to those features. Certain inland activities such as energy generating facilities greater than 40 megawatts, chemical or petroleum processing, transfer, or storage and other inland activities specified in state law may require CRMC review. The CRMC has jurisdiction for specific watershed activities (e.g., subdivisions of six or more units, roadways, large septic systems, etc.) within the Narrow River and Salt Pond Special Area Management Plans (SAMPs). The CRMC also has jurisdiction for activities affecting freshwater wetlands in the vicinity of the coast. For more information, see the Rhode Island Coastal Resources Management Program (RICRMP) Red Book (650-RICR-20-00-1).

CRMC will log your complaint and refer you to the appropriate Enforcement staff for further information.

Yes, you can. Article 1 Section 17 of the Rhode Island Constitution allows for the collection of seaweed, among other privileges. Here are some caveats:

  • Collect only what you need (don’t collect ALL of it)
  • Don’t access the shore through/via private property
  • Stick to the wet sand area when collecting
  • Be respectful of others on the beach/property owners

As outlined in the section of the RI Constitution listed above, rights afforded to Rhode Islanders under it include “but are not limited to” fishing from the shore, gathering seaweed, leaving the shore to swim in the ocean, and passage along the shore. If you’re walking in the wet sand, swimming, collecting seaweed, or fishing from the wet sand or in the water, you should be fine. Setting up an umbrella, towel, chair, cooler or other items in the dry sand area might get you some unwanted attention from the property owner, however. See our brochure on Public Access for more information.

CRMC is now processing all Beach Vehicle Permits/Trail passes ONLINE. *Please Note: Once you’ve finished completing your online BVP application, the CRMC will contact you regarding your schedule to visit the office for your sticker. The Burlingame location is available for on-site application only.*

For more information, go here.

  • How much is a BVP? The fee for a BVP is $100 for RI registered vehicles, and $200 for out-of-state registrations.
  • Do you conduct inspections for a beach vehicle permit? No, but you are required to sign an off-road vehicle affidavit as part of the online process.

That depends, as CRMC, DEM and many local municipalities and federal agencies have 50 percent or other thresholds on which to apply regulations. For CRMC purposes, 50 percent typically refers to RI State Stormwater Manual requirements or Red Book buffer zone SLC increases, reference specific Red Book Sections for more detailed information.

Submitting Your
Application FAQs

You can email a PDF to cstaff1@crmc.ri.gov, or mail it to us (address is below). You can also contact us to make an appointment to mail or drop off your application, complete and with four (4) hard copies and an electronic version of the plans.

RI Coastal Resources Management Council
Stedman Government Center, Suite 3
4808 Tower Hill Road
Wakefield, RI 02879

Please make your check out to the R.I. Coastal Resources Management Council or RI CRMC. Sorry, we cannot accept cash or credit card/debit card payments at this time. Check here for the current schedule of fees (and scroll down). Many projects are captured under the “All Others” section, and use an Estimated Project Cost (EPC) for fee calculation.

Where there are questions or concerns regarding a submitted application, CRMC will contact the applicants for additional details or provide a written deficiency letter which identifies in writing additional materials that are needed. Additionally, our webpage provides a database of all applications.

The CRMC always strives to provide as much information about a project or permit or process as is practical.  However, providing detailed information without an application in-hand - including site plans – is precarious; staff often cannot make definitive decisions or identify all applicable regulatory requirements about potential projects via these methods. Please submit your application, and then follow the steps above for more information.

Those requesting CRMC’s review of complex issues, or projects where there are more than a few general questions should submit a request for a preliminary meeting or a request for a preliminary determination which will result in a written project evaluation.

We encourage you to call (401-783-3370) or email (cstaff1@crmc.ri.gov) and make an appointment to come in, but please read through the FAQs before doing so or calling front office staff with any additional questions you might have.

Anyone can file the application, but the owner must sign it. If your application is a contested or largely variant project, sometimes an attorney may submit it on your behalf.  Private consultants (architect, engineer, surveyor, etc.) and contractors also handle many projects as well as homeowners on smaller or repair projects.  The CRMC advises you to choose one contact person for staff to work with.

Generally, for most residential work you will need:

  • Application form (owner signature)
  • Fee
  • Proof of ownership (tax assessor letter)
  • Site plans (PE, PLS, architect, contractor, etc), to-scale with coastal feature shown relative to the existing and proposed work (see specific project checklists for more information)
    local building official signoff
  • DEM OWTS approval or sewer approval
  • stormwater Best Management Practices and calculations (depending on project)
  • CHA worksheet (for certain projects)
  • written variance request for all standards not met

If these are not all included (as applicable), CRMC administrative staff will alert the prospective applicant or representative.  Permit staff may request additional information as they review the project.

Project/Application FAQs
Once you have your project in mind...

Your design consultant and/or CRMC staff can give an estimate, however official jurisdictional determinations require written applications. When in doubt, contact CRMC first.

Typically, assents are valid for three years from the date they are issued. Buffer zone management assents are valid for 10 years.

Check our online database, enter the property information, and the database will provide limited information. You can also request an electronic copy of any file (provide file #) via email or phone – cstaff1@crmc.ri.gov or (401)783-3370.

Check our online database, and look for file number(s) associated with the property you’re interested in, or call with property information to determine its status.

Here are some things to know/keep in mind when considering the scale of your project:

  • Structural Lot Coverage (SLC) expansions <50% which meet the lot requirements may be eligible for administrative review (non-Council hearing).  
  • Maintenance permits are typically quicker; they are for in-kind replacement of existing authorized structures (roof, windows, door, deck, driveway, etc).  Other typically quicker administrative permits include certain accessory structures and minor improvements (adding windows (excepting bay), decks, sheds, etc).
  • Interior work (including finishing a basement) does not require a CRMC permit, nor is it included in your application fee.
  • Adding a roofed or cantilevered structure (porch, entry, garage, bay window, etc) is a structural lot coverage (SLC) increase.  Adding an unroofed open deck is not a SLC increase, nor are 2nd story additions (roofed or unroofed).

For residential redevelopment (raze/rebuild, additions, etc.), here are some “red flags” that CRMC could focus on in the review of your project:

  • Existing (pre-1995) vs. Proposed Structural Lot Coverage (SLC) calculations are required. SLC increase >50% requires establishment of a vegetated buffer zone. An SLC increase <50% means no new buffer is required, but the applicant must avoid alterations to existing natural buffer vegetation located between the work and coastal feature.
  • SLC increase which does not meet the 50’ construction setback should be limited to <25% and may not be eligible for administrative review.
  • Stormwater treatment is required for new impervious driveway surface or new roof area:
    • new dwelling or demo/rebuild--treat entire roofed area
    • additions >600sf (not including 2nd story over existing footprint)
    • anything other than crushed stone for driveway
  • Coastal Hazard Analysis (CHA) is required for certain activities/permits. This tool evaluates a site from perspectives of sea level rise, storm flooding, and erosion risk.

The site will require a coastal assent application for any new work.  The current wetland edge needs to be shown and both the CRMC FWWVC Rules and CRMP Red Book/SAMP requirements may need to be met. No alteration to existing natural vegetation is allowed and any prior buffer zone requirements for the site will be vetted during review. All earth work should be setback a minimum 50 feet from the wetland edge.  If this is not possible, then minimization under Freshwater Wetlands in the Vicinity of the Coast and/or a variance request under the Red Book should be included in your application. CRMC engineers may seek additional information on site grading, wall design, etc.

An application for a new residential boating facility (dock) is required, including, PE stamped plans, public notice etc. The Army Corps (US ACE) will review through the CRMC public notice process. Section 1.3.1(D) dock standards apply.

Erosion
FAQs

The south shore of Rhode Island is considered by geologists to be a wave-dominated coastline. This means that the position, shape, and general behavior of the beaches are controlled by waves, especially large waves from storm events. There are both seasonal and long-term patterns in erosion in Rhode Island (Beach SAMP 4.3.1.2.1).

Seasonally, strong storms create large waves which erode the upper beach face, and sometimes the dunes as well. In the long-term, however, the Rhode Island coast is systematically retreating. Ninety five percent of the Rhode Island shore is erosional, meaning despite losing and gaining sand over the course of the seasons, Rhode Island’s coastline is eroding constantly, with some of the sand never returning (Beach SAMP 4.3.2.1.2.2).

Where the sand goes in a storm is largely determined by how severe the storm is - specifically, the size and power of the waves that reach the beach. In smaller storms, the sand is washed away from the beach or dune system but stays in the nearshore zone. In larger storms where waves are breaking on top of the dune, sand can either be pushed farther inland to create an overwash deposit and gradual migration of the barrier, or the sand is transported offshore beyond the closure depth, or the point at which the water cannot bring the sand back onto the beach..

In calm conditions, as is seen in summer months, sediment from the nearshore is molded into sand bars by the gentler waves, and those sand bars slowly migrate back onto the beach face, building the beach back up. It is possible for beaches to recover to their pre-storm width in a matter of months. However, it takes much longer for dunes to rebuild. Dunes are formed by the wind, so the beach needs to be wide enough and dry enough for long enough that wind can pick up the dry sand and deposit on the face of the dune.

Storms are expected to have increasingly severe impacts in the coming years (Beach SAMP, 1.1.11). As a result, more sand from the beach is likely to be deposited beyond the closure depth, and less sand from the nearshore zone is likely to come back onto the beaches in the summer.

CRMC prohibits new structural shoreline protection on barriers as well as shoreline abutting Conservation Area Waters (Type 1) (RI CRMP 1.3.1(G)(3)). Cement or rock walls, revetments, bulkheads, retaining walls, etc. are therefore prohibited on the South Shore. Although structural shoreline protection can protect the land immediately behind it, construction of these permanent actions along eroding shorelines leads to increased erosion of the beaches directly in front of the structure, as well as to beaches on either side of it (Beach SAMP, 4.3.1.5).

As such, non-structural shoreline protection is permitted in appropriate locations (RI CRMP 1.1.2(A)(97); 1.3.1(G)(1)). This includes but is not expressly limited to: dune enhancement (i.e., trucking in sand and replenishing the seaward side of the dune to a gradual, natural slope), re-vegetation (i.e., planting of American beach grass or other native plants as an erosion prevention measure), and snow fencing (i.e., placement of fences at the base of the existing scarp to encourage sand deposition) (Beach SAMP, 7.2.6).

There are a number of ways to try to minimize erosion, but all coastal property owners must realize that significant storm events will result in erosion and property damage, both of which will likely increase due to climate change. Non-structural shoreline protection projects on eroding coastlines like the sandy barriers we have along the south shore must be approached as maintenance activities rather than one-time solutions. The CRMC also strongly encourages all coastal property owners to elevate and move structures back where applicable.

The CRMC gets this question often. The quick answer is that there is no permanent solution to this natural process. We strongly encourage property owners to elevate their structures and move them back if they are able. There is no stopping the process of erosion, however. Rhode Island is known for its beaches. If CRMC permits bulkheads and cement walls, we lose our sandy beaches forever. Shoreline public access would also be threatened as the sand disappeared. It’s always been a complex issue and increasing erosion will continue to present threats to coastal properties.

In accordance with the federal Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 through 1466) and R.I. Gen. Laws Chapter 46-23, the regulations laid out in the RI Coastal Resources Management Program (CRMP) are intended to protect natural resources, promote reasonable coastal development, and improve protection of life and property from coastal hazards. As such, all CRMC policies are crafted with coastal hazards in mind, including erosion from coastal storms.

Specific guidance on erosion can be found in the RI CRMC Shoreline Change Special Area Management Plan (Beach SAMP) (http://www.crmc.ri.gov/samp_beach.html ). Adopted in 2018, the Beach SAMP’s goal is to “provide guidance and tools for state and local decision makers to prepare and plan for, absorb, recover from, and successfully adapt to the impacts of coastal storms, erosion, and sea level rise.” The SAMP is informed by the best available science, gives historical context for shoreline change, and provides guidance on how to plan for, recover from, and adapt to impacts of coastal storms and sea level rise.

Decision makers, planners, and applicants seeking a comprehensive understanding of how coastal erosion impacts the coastal resources of the state are encouraged to review relevant sections. Chapters 1-4 provide information on coastal hazards and how those hazards impact Rhode Island, while Chapters 5-7 provide specific guidance for applicants and coastal planners.

As soon as possible after a storm, contact your local building official and have an assessment done. You might also need to contact the RI Department of Environmental Management (they can assess onsite wastewater treatment systems that might have been exposed by the storm and have the power to condemn a structure if the OWTS cannot be relocated), and CRMC for any repairs or to apply to move the structure, if possible, to the back of the lot.

The US Army Corps of Engineers conducted a feasibility study and plan to elevate nearly 250 (predominantly) residential structures and 21 businesses, and more information can be found here - https://www.nae.usace.army.mil/Missions/Projects-Topics/Pawcatuck-River-CSRM-Feasibility-Study/

The CRMC also issued a number of emergency permits, including those to demolish and rebuild structures on the landward edge of lots, after Superstorm Sandy.

If you need to make minor repairs, they might qualify for a maintenance permit from the CRMC. For structures that have incurred more than 50 percent damage (this can be determined by your local building official in cooperation with CRMC), you must submit a full assent application to CRMC. Check here for application forms - http://www.crmc.ri.gov/applicationforms.html.

Education is key. Through tools like STORMTOOLS (http://www.crmc.ri.gov/maps.html) and the Coastal Hazard Analysis or CHA (http://www.crmc.ri.gov/coastalhazardapp.html) the CRMC hopes to educate property owners and prospective owners on the risks associated with owning and living in coastal properties. STORMTOOLS shows different inundation scenarios based on sea level rise, differing storm events, and the two combined. And the CHA provides a formula through which people can calculate the level of sea level rise or flooding frequency of a property based on a 30-year mortgage. These tools are part of the Rhode Island Shoreline Special Area Management Plan, and more information is available here - http://www.crmc.ri.gov/samp_beach.html.

Any alteration to the coastal beach and/or coastal dune must be permitted by CRMC. Property owners must file a new assent application with CRMC (http://www.crmc.ri.gov/applicationforms/Assentapp.pdf).

As part of the application, Applicants must include a proposed site plan. Plans should show the proposed location of the project. The placement and configuration of any proposed non-structural shoreline protection measures must be clearly indicated. Annotated site photographs, or aerial images (e.g., GoogleEarth) are acceptable.

Other necessary materials include photos of the site in its current state, an application fee (http://www.crmc.ri.gov/applicationforms.html#forms and scroll down for schedule of fees), and proof of ownership (tax records suffice). More details on these materials may be found on the CRMC Assent Checklist (http://www.crmc.ri.gov/applicationforms/Assentapp_Checklist.pdf). If no alterations are proposed to any structures, a CRMC Building Official Form is not needed.

After a storm, it may be appropriate to fill in the eroded seaward edge of a dune with sand to recreate the gradual, natural slope that was present before the erosion (Beach SAMP, 7.2.6.8). Some broad guidelines for applicants include:

  • Establishment of a slope of at least 3:1 (base: height), but preferably shallower (e.g., greaterthan three horizontal feet for every vertical foot)
  • Sand is to be sourced from an upland source and consist of natural sand grains that are similarin size, shape, and composition to sand currently on the beach.
  • Sediment is to consist of 90% or more sand sized grains (i.e., 0.05-2.0 mm)

Dune enhancement is the practice of restoring existing dunes as a means of dissipating wave energy and addressing storm surge and coastal erosion. For non-structural projects, sediment is either placed on an existing dune, or a mound of sediment is built up in an appropriate site in order to create an artificial dune.

The added sediment from dune enhancements supports the protective capacity of the entire beach system (i.e., dune, beach, and nearshore area). Sand eroded from the dune during a storm can be transported to the nearshore area and will supply a reservoir of sand for the natural deposition that occurs during summer seasons. The low slope of dunes dissipates wave energy, protects landward coastal resources, and reduces overwash events.

Given the seasonal erosion and accretion patterns of the beaches, it is recommended that dune enhancement projects be undertaken after the winter storm season. If sediment is placed too early, it may be washed away by normal high tides before the dune can naturally compact and provide any protection.

Vegetation is best used as a preventative measure for erosion and can be used in addition to dune sand enhancement (RI CRMP, 1.2.2(G)(1)(a)). Some broad guidelines for applicants include:

  • Only native plants may be used; American beachgrass is strongly recommended for initialplantings on dunes
  • Plantings are recommended to be spaced between 12 and 18 inches apart

Dunes provide habitat for fragile plants and endangered wildlife like piping plovers, protect inland developments from flooding, and act as reservoirs of sand to replenish eroded beaches. Coastal dunes are built and shaped by the wind. Once sand is deposited on the dune, vegetation can colonize the area, hold the sand in place, and create a wider, more stable dune system.

Plant roots hold sand in place and stabilize the physical system. Additionally, vegetation physically interrupts and slows down the water flowing over it, which reduces erosion. The shoots also help trap windblown sand, leading to a net deposition of sediment on the dune. American beach grass is strongly recommended due to its unique adaptive capacity in the coastal zone, in addition to its strong root system. In addition to having roots that extend down into the sand, underground stems (rhizomes) extend laterally as well, and create new plants nearby.

Snow fences (also referred to as sand or wind fences) help slow down onshore winds and increase deposition of sand onto the seaward edges of coastal dunes. Property owners considering a dune enhancement fencing project will be required to ensure that new structures do not impede public shoreline access (RI Gen.Laws § 46-23-26), and that fences remain at least 10 feet landward of the recognizable high tide line.

Assent applications for fences are reviewed on a site-by-site basis, but some broad guidelines for applicants include:

  • Fences are to be installed parallel to the dune ridge, with panels installed in a zigzag configuration
  • Fences are to be placed at the base (toe) of the dune, generally within 5 feet of existingvegetation
  • If new fence posts are installed, they must be untreated wood, and are recommended to beno larger than 3 inches in diameter for circular posts or 2x4” for rectangular posts

Generally, the more landward a fence is, the more successful it will be at building the dune and increasing the resiliency of the coastal barrier system. Fences that are regularly inundated may increase erosion rather than slow it. As such, fences will not be appropriate shoreline protection for every site. In that case, dune enhancement and revegetation are recommended (RI CRMP, 1.3.1(G)(1)(c)).

Snow fences are most effective when they are perpendicular to the prevailing wind direction. Winds along the southern part of Rhode Island tend to blow from the southwest in summer, and from the northwest in winter. Snow fences installed in a zig-zag pattern trap the most sand along the south shore throughout the year (Beach SAMP, 4.3.1.4).

Working with natural processes is much easier than working against them. Winter tends to bring larger storms and more coastal damage and erosion. The best bet of getting the sand to stay (and use of money and resources) is by planting repaired dunes with vegetation, which requires waiting for the growing season to start.

Public Notice
Process FAQs

The Rhode Island Coastal Resources Management Council (CRMC) notifies direct abutters of projects that require a public notice. Public notices are also sent via USPS to abutters, and to the municipality in which the activity is proposed for posting at town hall. Additionally, the CRMC maintains a general email list comprised of federal, state, municipal officials and interested parties (this email mailing list is for every project that goes out to notice). Projects that require a public notice might include (but are not limited to) docks, marinas and other in-water facilities, activities associated with new subdivisions, aquaculture applications, dredging, infrastructure improvements, and applications requiring special exceptions or variances from the CRMC regulatory program.

The CRMC maintains several public notification lists (e.g., general, regulatory changes, application specific, etc.). If a notification list is not specified, CRMC staff will inquire which list is being requested, and will provide more information to assist you. You can request to be added by sending an email to cstaff1@crmc.ri.gov, or call our office at (401-783-3370).

Regarding meeting notifications, file-specific mailing lists are created upon receipt of public comments as a result of the public notice. This list is used for the specific application meeting notifications, and is separate from the other mailing lists mentioned above.

There are some circumstances in which a public notice will be sent for Category A applications, such as dock applications.

Shoreline Public
Access FAQs

“A public right-of-way (ROW) to the shore is a parcel of land over which the public has the right to pass on foot or, if appropriate, by vehicle, in order to access the tidal waters of Rhode Island. Accordingly, public ROWs can be used for a variety of activities. In some cases, public ROWs provide access for fishing and scenic overlooks while in other cases, public ROWs can be used to launch a boat.” —A citizen’s guide to assisting with the ROW process

The Rhode Island Coastal Resources Management Council (CRMC) is the state agency tasked by the R.I. General Assembly with designating public rights-of-way to the shore. CRMC-designated rights-of-way are protected for public use in perpetuity. To find all CRMC-designated ROWs, go to http://www.crmc.ri.gov/publicaccess.html.

There are 230 CRMC-designated rights-of-way and nearly 400 coastal access points along the Rhode Island shoreline. For a map of all CRMC-designated rights-of-way, visit https://arcg.is/iDzme. To find a shoreline access point near you, visit www.shoreline-ri.com. This site, developed and maintained by Rhode Island Sea Grant with the cooperation of the RI Coastal Resources Management Council (CRMC), contains information on over 400 shoreline access sites across the state, including CRMC designated rights-of-way. You can search by location and activity, as well as find information on parking, permit requirements or fees, open hours, and more.

As of fall 2021, the CRMC has designated 230 rights-of-way in the state of Rhode Island. However, not all public shoreline access points in the state go through the CRMC designation process—cities, towns, nonprofit organizations, and the State of Rhode Island can also identify and maintain rights-of-way to the shore. To find a shoreline access point near you, visit www.shoreline-ri.com. For a map of all CRMC designated rights-of-way, visit https://arcg.is/iDzme.

Article I, Section 17 of the Rhode Island State Constitution states: “The people shall continue to enjoy and freely exercise all the rights of fishery, and the privileges of the shore, to which they have been heretofore entitled under the charter and usages of this state, including but not limited to fishing from the shore, the gathering of seaweed, leaving the shore to swim in the sea and passage along the shore; and they shall be secure in their rights to the use and enjoyment of the natural resources of the state with due regard for the preservation of their values…”

There are over 400 coastal access points for Rhode Islanders and visitors alike to visit the shoreline, from CRMC designated rights-of-way to state beaches. To find a shoreline access point near you, visit www.shoreline-ri.com. This comprehensive site includes information about parking, directions, any costs or permits required, photos of the site, and more. To find a CRMC-designated right-of-way near you, visit https://arcg.is/iDzme. CRMC designated rights-of-ways are open to the public for use throughout the year, however, visitors should obey all posted signage regarding parking and other related town ordinances in the municipality where the right-of-way is located.

In 2023, the Rhode Island General Assembly passed a bill that defines the expanded boundaries of the public’s rights and privileges to the shore. Now, under the law, the public may utilize the shore to the “recognizable high tide line,” or wrack line, the maximum height reached by a rising tide, plus 10 feet. If there are multiple wrack lines, the boundary is defined by the most seaward line. As before, the public can also utilize the wet sand area seaward of the wrack line.

Where shore exists, the public may exercise the rights and privileges outlined in the RI Constitution, Article 1 Section 17, and these rights shall be “liberally construed.” This includes, but is not limited to, leaving the shore to fish or swim, passage along the shore, collecting seaweed, and the use and enjoyment of the natural resources of the state.

The CRMC does not create rights-of-way. There are six ways that public rights-of-way are established through the CRMC designation process: 1) Roadways which have been laid out, recorded, opened and maintained by a city or town council. 2) Highways by grant or use (R.I.G.L. Chapter 24-2). 3) Ways that have been approved by recordation of a subdivision plat. 4) Ways that have been offered to the public by dedication and accepted by public use or by official city or town action (implied dedication). 5) Highways that have been used by the public since time immemorial. 6) Ways that have been obtained by the public’s adverse use. (http://www.crmc.ri.gov/publicaccess/ROWCoastalBriefing.pdf)

The ROW Subcommittee, a standing CRMC subcommittee which meets monthly, aims to discover rights-of-way through staff-generated research, or with the participation of a municipality, community group, homeowners association, non-profit organization, or individual. The first step in discovering and designating rights-of-way is to determine whether a site was suitable to go through the ROW designation process. This determination is made by conducting extensive research on the site’s history. This research is currently conducted by the CRMC in partnership with a municipality, and is no longer budgeted for CRMC staff alone.

Most recently, CRMC has worked with municipalities to generate a list of possible shoreline access points, which can be included in harbor management or comprehensive plans. The CRMC and legal counsel from the municipality can then conduct further legal research to collect evidence for the designation process. Community members may also submit potential ROW sites. If, after this initial research, CRMC legal counsel determines that enough legal documentation exists to start the evidentiary designation process, the ROW Subcommittee and CRMC staff will work with municipalities, legal counsel, and other stakeholders to continue to collect relevant evidence. Once all of this information is accumulated, the subcommittee will hold a public hearing to gather input from community members regarding the proposed ROW—the testimonies of these individuals is included as evidence to contribute to the designation process. These hearings can last hours, days, or even weeks depending on participation.

Following the public hearings, the ROW Subcommittee deliberates based on all of the evidence gathered throughout the process, and makes a decision in the form of a written recommendation on whether or not it can support the proposed ROW. This decision is forwarded to the full CRMC Council as a recommendation, where the Council deliberates over the ROW Subcommittee’s recommendation, however after the recommendation was received the full Council can only accept new evidence that was not previously or reasonably available during the evidentiary hearing process. The Council makes the final decision to approve each right-of-way, which, once approved, becomes a public site for all citizens to use in perpetuity.

The CRMC currently has no specific funding to support shoreline public access initiatives, relying on partnerships with municipalities, nonprofit organizations, and individuals to identify, designate, and maintain rights-of-way. The CRMC works with municipalities to generate a list of possible shoreline access points, which can be included in harbor management or comprehensive plans, at which point CRMC and legal counsel from the municipality can conduct further legal research to collect evidence for the designation process. Community members may also submit potential ROW sites. The CRMC also continuously seeks sources of funding to assist in the designation effort. For more information on the evidence collection process, visit http://www.crmc.ri.gov/publicaccess.html.

Once rights-of-way are designated by the CRMC, municipalities are strongly encouraged for maintaining the access point, but not all ROWs are maintained. To help with this effort, The CRMC provides marker posts and signage, which can be installed by Public Works departments. Rights-of-way are also maintained through the CRMC’s Adopt-an-Access program, where businesses, nonprofit organizations, community groups, or individuals will take responsibility for the upkeep of the ROW. Maintenance conducted by Public Works, municipalities, or Adopt-an-Access partners may include installing signage, holding cleanups, and keeping pathways clear. These partnerships between the CRMC and municipalities or community groups are essential for ensuring quality shoreline access points along the coast. Go to the CRMC web site for more info - http://www.crmc.ri.gov/publicaccess.html.

Any CRMC designated right-of-way is eligible to receive signage that can be installed by the municipality. This signage, which is the same at all CRMC-designated rights-of-way, helps visitors to easily identify the spot as a CRMC right-of-way. Maintenance of rights-of-way is left to the municipality in which the access point is located, so it is up to each town or city to install fencing and signage, designate parking, or other maintenance efforts.

Rights-of-way to the coast are not created, but instead are designated based on historic use of the shoreline access. Municipalities or community members can submit a right-of-way for CRMC designation at any point—there is no requirement for shoreline access points to be identified or designated in any specific period of time. However, if a site is being used by the public but is not formally designated, the CRMC encourages individuals or municipalities to begin the designation process as soon as possible to ensure that the site will be protected in perpetuity.

The CRMC welcomes public input throughout the right-of-way designation process. Community members can submit potential rights-of-way and associated research—this could take the form of anything from a photo of a possible site to legal research proving the historic use of the site. For rights-of-way with proposals in progress, people can provide additional comments and evidence during the hearing process. For more information on how to participate in the ROW designation process, please visit: www.crmc.ri.gov/publicaccess.

Obstructions of CRMC designated rights-of-way, including parked cars, structures, or natural materials, can be reported to the Coastal Resources Management Council. Leah Feldman, CRMC policy analyst, and Kevin Cute, CRMC marine resources specialist, work on shoreline public access issues across the state. You can email them at lfeldman@crmc.ri.gov or kcute@crmc.ri.gov, respectively, and put “ROW obstruction” in the subject of the email, or call CRMC offices at 401-783-3370.

The CRMC actively ensures that signage posted around designated rights-of-way is accurate, and that these rights-of-way remain open to access. Blocking designated CRMC rights-of-way is not permitted, and the CRMC does investigate and resolve blockages in partnership with the Attorney General’s office. Any potentially misleading signage or blockages at CRMC designated rights-of-way should be reported to the CRMC using the above contact information.

Though municipalities could designate rights-of-way on their own, submitting sites for CRMC designation ensures that shoreline access will be protected in perpetuity. The added layer of protection should be encouraging to municipalities invested in protecting and enhancing shoreline public access in their towns.

Once a site has been designated as a public ROW the CRMC prohibits any activities that would obstruct the public’s use of these sites. The CRMC also pursues legal actions against individuals that block or impede the public’s access at designated ROWs. In this manner, the CRMC protects and preserves these sites for the public’s use. Once a public ROW has been designated by the CRMC, it cannot be abandoned by a city or town without prior approval of the CRMC (R.I.G.L. 46-23-6.2). In addition, a public right-of-way that has not been designated by the CRMC, but is never-the-less a public way, cannot be abandoned without formal abandonment proceedings. Moreover, highways which have been designated to the public by the actions of a landowner or acquired by prescription, cannot be lost due to non-use and the public cannot lose its rights due to adverse possession. - (from Coastal Briefing: http://www.crmc.ri.gov/publicaccess/ROWCoastalBriefing.pdf)

Considering future generations of Rhode Islanders is critical when establishing new rights-of-way or maintaining existing access points. Based on current sea level rise predictions, shoreline public access in Rhode Island will likely be impacted, whether through increased flooding events, higher sea levels, or stronger and more frequent storm events. Specifically, the mean high water mark, which is used to demarcate public and private lands, will move over time, likely shifting landward and reducing the amount of space on the beach for the public to traverse. However, there is now a commission created by the R.I. General Assembly that will examine lateral access and work to decriminalize trespassing along the shoreline.

Post-Storm
FAQs

In response to hurricanes or major storm events, the Rhode Island Coastal Resources Management Council (CRMC) will be administering emergency permits under Section 1.1.14 of its RI Coastal Program/Red Book.

The CRMC will be conducting emergency permitting for maintenance to allow property owners to restore what existed prior to the storm. The permits will be valid for 90 days and all work must be completed within that time.

Coastal residents of Rhode Island with storm-related property damage should contact the CRMC at 401-783-3370 or email cstaff1@crmc.ri.gov.

While the CRMC does not handle permitting for restoration of interior spaces, it does oversee structural and exterior damage pertaining to storm events. Property owners should also contact their local building authority.

Immediately post-storm, CRMC staff will be out in the field documenting storm-related structural and exterior damage to structures within its jurisdiction. This includes taking photos of site conditions. Any structures in CRMC Type 1 (conservation) waters that were damaged in the storm event will have to be assessed by staff on a case-by-case basis, as well as those with exposed septic (OWTS) systems. The CRMC will be coordinating with the staff at the R.I. Department of Environmental Management for OWTS determinations. All regular permitting activities will be temporarily suspended during the next two weeks, after which time the executive director will assess the permit load.

Stedman Government Center
Suite 116, 4808 Tower Hill Road, Wakefield, RI 02879-1900
Voice 401-783-3370 • Fax 401-783-2069 • E-Mail cstaff1@crmc.ri.gov

RI SealRI.gov
An Official Rhode Island State Website