Rhode Island § 46-23-26 - Coastal Resources Management Council

§ 46-23-26. The public’s rights and privileges of the shore.

(a) The public’s rights and privileges of the shore are established by Article I, Sections 16 and 17 of the Rhode Island Constitution.

(b) For purposes of this chapter, the “recognizable high tide line” means a line or mark left upon tidal flats, beaches, or along shore objects that indicates the intersection of the land with the water’s surface level at the maximum height reached by a rising tide. The recognizable high tide line may be determined by a line of seaweed, oil or scum along shore objects, a more or less continuous deposit of fine shell or debris on the foreshore or berm, other physical markings or characteristics, or other suitable means that delineate the general height reached by the water’s surface level at a rising tide. If there is more than one line of seaweed, oil, scum, fine shell, or debris, then the recognizable high tide line means the most seaward line. In the absence of residue seaweed or other evidence, the recognizable high tide line means the wet line on a sandy or rocky beach. The line encompasses the water’s surface level at spring high tides and other high tides that occur with periodic frequency, but does not include the water’s surface level at storm surges in which there is a departure from the normal or predicted reach of the water’s surface level due to the piling up of water against a coast by strong winds, such as those accompanying a hurricane or other intense storms.

(c) Notwithstanding any provision of the general laws to the contrary, the public’s rights and privileges of the shore may be exercised, where shore exists, on wet sand or dry sand or rocky beach, up to ten feet (10′) landward of the recognizable high tide line; provided, however, that the public’s rights and privileges of the shore shall not be afforded where no passable shore exists, nor on land above the vegetation line, or on lawns, rocky cliffs, sea walls, or other legally constructed shoreline infrastructure. Further, no entitlement is hereby created for the public to use amenities privately owned by other persons or entities, including, but not limited to: cabanas, decks, and beach chairs.

(d) Any landowner whose property abuts the shore shall, with respect to the public’s exercise of rights and privileges of the shore as defined in this chapter, be afforded the liability limitations pursuant to chapter 6 of title 32.

(e) The coastal resources management council (CRMC) in collaboration with the department of environmental management (DEM), shall develop and disseminate information to educate the public and property owners about the rights set out in this section.

(f) The CRMC in collaboration with the DEM, and the attorney general, shall determine appropriate language and signage details for use at shoreline locations.