CRMC issues annual ROW report

February 15, 2011, WAKEFIELD –The Rhode Island Coastal Resources Management Council (CRMC) has released its 2009-2010 annual report on rights-of-way in the state, “Designation of Public Rights-of-Way to The Tidal Areas of The State.” The report is available online at http://www.crmc.ri.gov/publicaccess/row2010.pdf.
           
From July 2009 through June 2010, the CRMC continued its ongoing efforts to discover and designate public rights-of-way to the tidal areas of Rhode Island, under its legislative mandate (RIGL 46-23-17). Beginning in 1978, this mandate tasked the Council with identifying and designating all public rights-of-way to the shore. To meet this charge, the CRMC created a Rights-of-Way Subcommittee. The report details actions of the subcommittee, as well as legal proceedings stemming from these activities and subsequent actions of the Council.

Significant actions during the reporting period include the continued tracking of legal cases that have resulted from the Subcommittee’s activities and actions regarding the proposed construction of a public boat launch ramp and parking facility at a CRMC-designated right-of-way.

While no new rights-of-way were designated during this time period, the Subcommittee was advised on the status and proceedings of issues pertaining to three currently designated ROWs: ongoing litigation between the City of Newport and the use of a portion of the Howard Wharf ROW by a liquor licensee; the proposed boat launch ramp at the East Transit Street ROW in Providence; and an apparent encroachment on the Rocky Hollow Road ROW in East Greenwich. Legal counsel has also been working with the Rhode Island Attorney General’s office on legal research regarding public beach access and CRMC ROWs located along Atlantic Avenue in Westerly.

According to the report, the goal of the CRMC is to designate at least one public right-of-way for each mile of shoreline. With 224 sites designated along 420 miles of Rhode Island shoreline, the Council is more than halfway to its goal.

Under its mandate, the CRMC has accomplished a number of tasks to provide outreach and education, as well as cooperation with cities, towns and other state agencies. The CRMC addressed public access to the shore in Narragansett Bay’s urban areas when it created the Urban Coastal Greenway (UCG) regulations as part of the Metro Bay Special Area Management Plan. The UCG offers development projects within the SAMP area the option to create an easement for public access to the shore as compensation for allowing a more compact vegetated coastal buffer zone than required by Section 150 of the RI Coastal Resources Management Program (RICRMP or Red Book). The goal of offering this option is to create the Urban Coastal Greenway, a public access pathway along the shores of Cranston, East Providence, Pawtucket and Providence that includes parking and access from the street side of a coastal property to the shore.

The CRMC also established an Adopt-an-Access Program to form partnerships between the Council, municipalities and private groups or individuals to improve CRMC ROWs. The program works through a memorandum of understanding that establishes each partner’s role. To-date, 13 CRMC rights-of-way have been adopted under the program by a variety of groups.         

“Our annual report shows that the CRMC continues to work hard to fulfill its mandate and provide valuable public access to all areas of the state,” said CRMC Chairman Michael M. Tikoian. “The ongoing legal proceedings are proof positive that public access continues to be at the forefront of many communities and the State. It is vital to the public’s right to utilize the shore for recreational purposes, as is the CRMC’s role in discovering and designating these areas.”