Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0319 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- S 0319
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7	7	LC001208
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
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14	14	A N A C T
15	15	RELATING TO WATERS AND NAVIGATION -- SHORE DEVELOPMENT
16	16	Introduced By: Senators LaMountain, Miller, and Gu
17	17	Date Introduced: February 16, 2023
18	18	Referred To: Senate Judiciary
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20	20
21	21	It is enacted by the General Assembly as follows:
22	22	SECTION 1. Chapter 46-3 of the General Laws entitled "Shore Development" is hereby 1
23	23	amended by adding thereto the following section: 2
24	24	46-3-21. Authority to recognize and identify public rights-of-way to shoreline and 3
25	25	water access. 4
26	26	(a) The director of the department of environmental management (the “director”) shall have 5
27	27	full and complete authority to recognize and identify public rights-of-way to shoreline and water 6
28	28	access (“rights-of-way”) over land owned by a private party, pursuant to this section. 7
29	29	(b) In cases where a trail or pathway to a beach area, or to a river or other waterway that 8
30	30	empties into Narragansett Bay or the Atlantic Ocean, has been purchased by a private party, and 9
31	31	subsequent to that purchase, the private party prohibits public access to that trail or pathway, the 10
32	32	director may, within three (3) years after the date of such purchase, recognize and identify public 11
33	33	rights-of-way to shoreline and water access upon finding the following: 12
34	34	(1) The trail or pathway leads to a beach area or to a river or other waterway that empties 13
35	35	into Narragansett Bay or the Atlantic Ocean; 14
36	36	(2) That the trail or pathway has previously been recognized and used by the public for 15
37	37	shoreline and water access, and that such access has been by foot traffic for a period of at least ten 16
38	38	(10) years of uninterrupted use by the public prior to the private party prohibiting access to the trail 17
39	39	or pathway; and 18
40	40	(3) That designation of such trail or pathway as a public rights-of-way to shoreline and 19
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44	44	water access shall not cause an undue hardship upon the owner of the property. 1
45	45	(c) The existence of a public or utility easement along the trail or pathway shall be further 2
46	46	evidence in support of a finding that the trail or pathway is a rights-of-way to shoreline and water 3
47	47	access. 4
48	48	(d) In designating rights-of-way pursuant to this section, the director shall consider the 5
49	49	following matters in making that designation: 6
50	50	(1) Land evidence records; 7
51	51	(2) The exercise of domain over the parcel such as maintenance, construction, or upkeep; 8
52	52	(3) The payment of taxes; 9
53	53	(4) The creation of a dedication; 10
54	54	(5) Public use; 11
55	55	(6) Any other public record or historical evidence such as maps and street indexes. 12
56	56	(e) The director shall provide in writing to the owner of any real property which the director 13
57	57	recognizes and identifies a public rights-of-way to shoreline and water access as passing over, a 14
58	58	copy of the directors’ decision. This decision shall also be recorded in the land evidence records of 15
59	59	any and all municipalities which the rights-of-way is identified as being located in. The decision 16
60	60	shall be dated, and all owners of the property shall be provided a copy of the decision pursuant to 17
61	61	this subsection within ten (10) days of the issuance of the decision. 18
62	62	(f) A person owning property upon which a trail or pathway is identified and recognized 19
63	63	by the director as a public rights-of-way and claiming to be adversely impacted by the action of the 20
64	64	director under this section, may appeal the decision of the director pursuant to the provisions of §§ 21
65	65	42-35-15, et seq., of the administrative procedures act. 22
66	66	(g) Recognition and identification of public rights-of-way pursuant to this section is not a 23
67	67	condemnation or taking. 24
68	68	(h) The provisions of this section shall not apply to any land that is subject to a pending 25
69	69	rights-of-way action by the coastal resources management council pursuant (the “council”) 26
70	70	pursuant to chapter 23 of title 46. In the event the council initiates an action to designate a public 27
71	71	rights-of-way on any land pursuant to § 46-23-6, that action shall take precedence over any action 28
72	72	or determination of the director to recognize a public rights-of-way to shoreline and water access 29
73	73	pursuant to this section. 30
74	74	(i) A trail or pathway identified as a public rights-of-way to shoreline and water access 31
75	75	pursuant to this section shall not be used for motor vehicle traffic, except that the provisions of this 32
76	76	section shall not be construed to limit, impact, or restrict any access by police, fire, rescue, and 33
77	77	similar public safety vehicles to any area. 34
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81	81	SECTION 2. This act shall take effect upon passage. 1
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88	88	EXPLANATION
89	89	BY THE LEGISLATIVE COUNCIL
90	90	OF
91	91	A N A C T
92	92	RELATING TO WATERS AND NAVIGATION -- SHORE DEVELOPMENT
93	93	***
94	94	This act would permit the director of the department of environmental management to 1
95	95	recognize and identify public rights-of-way to shoreline and water access over land owned by a 2
96	96	private party. An owner of property so identified would have a right to appeal pursuant to the 3
97	97	administrative procedures act. In the event the coastal resources management council initiates an 4
98	98	action to designate a public rights-of-way on any land pursuant to § 46-23-6, that action would take 5
99	99	precedence over any action or determination of the director to recognize a public rights-of-way to 6
100	100	shoreline and water access pursuant to this act. 7
101	101	This act would take effect upon passage. 8
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