CRMC issues annual ROW report

May 8, 2013, WAKEFIELD – The Rhode Island Coastal Resources Management Council (CRMC) has released its 2011-2012 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/row2012.pdf.

From July 2011 through June 2012, 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 issues: ongoing litigation between the City of Newport and the use of a portion of the Howard Wharf ROW by a liquor licensee; ongoing litigation regarding a challenge to the validity of the CRMC ROW at Clipper Way in Bristol; and an ongoing investigation with the Rhode Island Attorney General’s office on potential rights-of-way and public beach access in the Town of 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 221 sites designated along 420 miles of Rhode Island shoreline, the Council is more than halfway to its goal.

The Council continues its partnership with municipalities in the discovery of potential rights-of-way to the shore through the Harbor Management Planning process. Several cities and towns continue to work with the CRMC actively on this process; the Council will utilize the HMPs as a complement to its work toward designating ROWs. Two examples of this, which took place during the report period, are:

• A CRMC consistency review of the Town of North Kingstown draft HMP resulted in a current ROW Subcommittee investigation of three potential rights-of-ways that are being considered by the Council for full adoption; and
• Another similar review in Bristol, which identified Ferry Road as a potential right-of-way to be designated by the Council. This site is also being considered for adoption by Roger Williams University under the Adopt-an-Access program.

The CRMC 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.

Though it did not occur during the current report period, the CRMC’s involvement in a recent Rhode Island Superior Court decision (C.A. No. 03-3985, filed August 4, 2004) is noted in the report due to its significance regarding parking at CRMC ROWs, the lack of which is a significant detriment to their use by the public. The decision established that ROWs may be improved to allow for vehicular access and parking. The case arose when the Town of Barrington submitted an application to the CRMC to improve the Daunis ROW. The application was a joint effort between the CRMC, the town, an a salt water angler who had visited the site as a young man, but now found his access limited by a parking ban on the adjacent town road. The court decision led to the improvement of the ROW and the addition of two parking spaces.

For more information on the CRMC ROW designation process, go to the web site at http://www.crmc.ri.gov/publicaccess.html.