Legislation aimed at informing buyers of oceanfront properties about the public’s “rights and privileges of the shore” is set to be considered by the Rhode Island General Assembly this week.
The bills (2024-H 7376 and 2024-S 2185) both received a favorable recommendation last week in their respective Judiciary committees in the House of Representatives and Senate.
State Rep. Tina Spears (D-Dist. 36, Charlestown, South Kingstown, New Shoreham, Westerly) is the local sponsor of the House bill, while the Senate version is sponsored by state Sen. Victoria Gu (D-Dist. 38, Westerly, Charlestown, South Kingstown).
These bills are part of a legislative package introduced in March to enhance public protections for Rhode Islanders’ access to the shoreline.
Gu and others testified on April 23 before the Senate committee regarding the bill.
“This bill builds on the historic shoreline access law that the General Assembly passed last year,” Gu stated.
The previous law expanded public access within 10 feet inland of the seaweed line. It specified that the line would be set at 10 feet landward from the recognizable high tide line, commonly referred to as the “wrack line.” This law aims to ensure transparency in property transactions by informing buyers of the legal status of oceanfront properties.
Conrad Ferla, a supporter of the bill, manages a group dedicated to preserving coastal access. He highlighted instances where real estate agents inaccurately advertised private beaches, often on public lands managed by the Department of Environmental Management.
Philip B. Tedesco, CEO of the R.I. Association of Realtors, raised concerns about the bill’s definitions of “oceanfront” and “shoreline,” particularly for properties along ponds and rivers. He emphasized the importance of clarity to avoid oversight in property disclosures.
Another bill in the legislative package (2024-H 7645, 2024-S 2641) allows for a “qualified abandonment” of town highways or driftways and grants public easements over roads to convert them into public trails. This bill was passed in the House on May 14 and is under review by the Senate Judiciary Committee.
A third bill would enable the Coastal Resources Management Council to designate historical footpaths as rights of way, expanding public access to shoreline areas. This bill (2024-S 2634, 2024-H 7750) is currently under further study in both chambers.
The Rhode Island Mortgage Bankers Association, represented by Lenette Forry-Menard, opposes the legislation, citing concerns about potential adverse effects on property values and easement claims.
As Rhode Island legislators weigh the implications of these bills, the public debate underscores the complexities surrounding property rights and coastal access in the state.