Rhode Island House Bill H5174

Rhode Island 2023 Regular Session

• Introduced: 1/19/23
• Refer: 1/19/23
• Report Pass: 4/4/23
• Engrossed: 4/6/23
• Refer: 6/7/23
• Report Pass: 6/13/23
• Engrossed: 6/14/23
• Engrossed: 6/15/23
• Passed: 6/26/23

Caption

Coastal Resources Management Council

Impact

If enacted, H5174 will amend existing laws in Rhode Island to formally delineate a recognized high tide line and allow the public to exercise their rights on the wet and dry sand or rocky beach up to 10 feet landward from this line. This directly impacts both the local laws governing public access to coastal areas and the liability of adjacent landowners, ensuring they are afforded limited liability while the public enjoys these rights. This clarification suggests a robust commitment from the legislature to not only uphold public rights but also to facilitate an understanding of what those rights are amidst evolving environmental conditions.

Summary

House Bill H5174 aims to clarify public rights and privileges regarding access to Rhode Island's coastal shorelines. This legislation responds to long-standing confusion and disputes between the public's right of access and the rights of property owners who own land adjacent to these shores. The bill underscores the importance of public access as enshrined in the state's Constitution, particularly highlighting that such access has historical significance substantiated by foundational legal documents and amendments over time. The bill introduces the concept of a recognizable high tide line, which serves as a boundary for public access, defined in a way that is observable and understandable to the general public, thereby reducing ambiguity in shoreline property rights.

Sentiment

The overall sentiment towards H5174 appears to be supportive of public access advocates, reflecting a strong push from various sectors of the community to reinforce the rights of citizens to enjoy the coastlines. The legislators and environmental advocates who champion this bill see it as a necessary step to ensure fairness and prevent potential disputes between the landowners and the public. However, there may be concerns among property owners about the implications of expanded access and the impact it could have on their property rights.

Contention

Notable points of contention surrounding H5174 involve the balance between public access and private property rights. While supporters argue for the necessity of public access to align with historical rights, property owners may feel threatened by the restrictions imposed upon their property use. The definition of the recognizable high tide line itself has potential challenges, as disagreements may arise regarding its interpretation and implementation, possibly leading to legal disputes between public users and landowners over where exactly this line lies.