Public Access to the Public Access to the Rhode Island ShoreRhode Island Shore

CRMC Coastal Education SeriesCRMC Coastal Education SeriesNarragansett Bay Commission Meeting RoomNarragansett Bay Commission Meeting Room

September 25, 2007September 25, 20076:00 PM6:00 PM

Kevin R. CuteKevin R. CuteMarine Resources SpecialistMarine Resources Specialist

Coastal Resources Management CouncilCoastal Resources Management Council

CRMC Methods for Providing Public Access to the Shore

• Metro Bay SAMP: Urban Coastal Greenway

• Red Book § 335: Public Access Plans

• RIGL 46-23-6: CRMC Designated Public

Rights-of-Way to the Shore

Metro Bay SAMPMetro Bay SAMPUrban Coastal GreenwayUrban Coastal Greenway

Red Book or UCG option:

• Continuous public pathway along the coast

• One arterial access path per 1/4 mile of shoreline

• Two parking space minimum per development; additional space per 100 linear feet of coastline

• 7,050 linear feet of public access so far…

Red Book Section 335Public Access Plan

Applies to certain developments or activities:

• Commercial and industrial development or redevelopment projects

• New and significant expansions to marinas

• Activities that involve filling of tidal waters

• Publicly funded beach nourishment projects

Red Book Section 335Public Access Plan

• Access may be physical, visual, interpretive

• Requires access similar to that impacted by proposed development or activity

• Access may be provided off-site

• Variance may be granted if no significant public access impacts can be demonstrated

Red Book Section 335Public Access Plan

Apponaug Cove Marina

Red Book Section 335Public Access Plan

Thames Street Landing – Stone Harbour Condominiums

Red Book Section 335Public Access Plan

CRMC Approved Projects with “335” Public Access Plan City/Town • Stone Harbour Bristol • Thames Street Landing Bristol • Weetamoe Farms Bristol • Wharf Tavern Bristol • Sakonnet Point Club Little Compton • Knowlesway Extension (at Pt. Judith Pond) Narragansett

• Casey’s Marina Newport • Newport Onshore Newport • The Inn at Long Wharf (Marina) Newport • West Wind Marina (Waite’s Wharf) Newport • Blue Beach (Economic Development Corporation) North Kingstown • Compass Rose Beach (Economic Development Corporation) North Kingstown

• Jamestown Bridge (RI Department of Transportation) North Kingstown • Keiffer Park (Economic Development Corporation) North Kingstown • North Kingstown Town Marina North Kingstown

• Spink’s Neck Beach (Economic Development Corporation) North Kingstown

• Carnegie Abbey Portsmouth • Melville Marina Portsmouth • Mt. Hope Marine Terminal Portsmouth • Collier Point Park (Narragansett Electric) Providence • Providence Place Mall Providence • Shooters (Currently RIDOT property ) Providence • Village at Mt. Hope Bay (Starwood) Tiverton • Dickerson’s Marina Warwick • Greenwich Bay Marina Warwick

CRMC Designated ROWsCRMC Designated ROWsAdopt-an-AccessAdopt-an-Access

The council is responsible for the designation of all public rights-of-way to the tidal water areas of the state, and shall carry on a continuing discovery of appropriate public rights-of-way to the tidal water areas of the state

- RIGL Ch. 46-23-6

CRMC Designated ROWsCRMC Designated ROWsAdopt-an-AccessAdopt-an-Access

• CRMC has designated 221 ROWs

• CRMC responds to request to improve

public access at Daunis ROW (P-1)

• Adopt-An-Access Program established 2005

CRMC Designated ROWsCRMC Designated ROWsAdopt-an-AccessAdopt-an-Access

First Adopt-an-Access: Daunis ROW – CRMC Designation No. P-1

• Town of Barrington plan to establish parking on Daunis ROW

• RI Superior Court: Sartor et. al., v. Town of Barrington– plaintiffs contend ROW “footpath only”

• Can Town improve parcel for vehicular access and parking?

• 1915 dedication of relocated parcel creates a substitute street “running to the shore”

• Intention was to create a street and not a mere footpath for public access to the shore

CRMC Designated ROWsCRMC Designated ROWsAdopt-an-AccessAdopt-an-Access

The Parcel is a right-of-way that is intended to accommodate the public-at-large and not merely abutters of the property or those in walking distance. In such a case automobile access is reasonable and necessary.

- Sartor et. al., v. Town of Barrington, C.A. No. 03-3985

CRMC Designated ROWsCRMC Designated ROWsAdopt-an-AccessAdopt-an-Access

Daunis ROW (P-1)

CRMC Designated ROWsCRMC Designated ROWsAdopt-an-AccessAdopt-an-Access

Obstruction at Daunis ROW

CRMC Designated ROWsCRMC Designated ROWsAdopt-an-AccessAdopt-an-Access

Obstruction at Daunis ROW

CRMC Designated ROWsCRMC Designated ROWsAdopt-an-AccessAdopt-an-Access

Memorandum of Understanding

• Section I: Authorities & Purpose– (RIGL 46-23-6 and RICRMP)

• Section II: Responsibilities– (CRMC, Municipality, Adopting Entity)

• Section III: Amendment & Termination– (Mutual agreement and six-month notice)

• Letter of Permission

CRMC Designated ROWsCRMC Designated ROWsAdopt-an-AccessAdopt-an-Access

Five ROWs “adopted” in 2007 by

Save Bristol Harbor:– Constitution Street (S-4)– Union Street (S-5)– Walley Street (S-6)– Poppasquash Road (S-19)– Oliver Street (S-22)

CRMC Designated ROWsCRMC Designated ROWsAdopt-an-AccessAdopt-an-Access

Adoptions Pending in 2007:– Ruggles Avenue, Newport (Z-4) Clean Ocean Access

– Nausauket Road, Warwick (J-24) RI Salt Water Anglers Association

– Capstan Road, Jamestown (G-12) Roberts Family

– Bluff Road, Westerly (A-2) Watch Hill Visitors Bureau

– Bass Rock Road, Narragansett (C-6) URI Chapter Coastal Society

– Conant Road, Narragansett (C-7) Narragansett Surfcasters

– Tuckerman Avenue, Middletown (Y-1) Clean Ocean Access & Milnes Family

It’s YOUR Public Access!It’s YOUR Public Access!