Rhode Island Resources
Southern New England Summary Sheet
Coastal Resource Management Council Statute
Coastal Resource Management Program Regulations
Narragansett Bay Restoration Field Project
Legal Analysis Regarding Private Conservation Options on Rhode Island Tidal Lands (2009) (152k)
Access the North Atlantic Coast Ecoregional Assessment
The Nature Conservancy's Rhode Island Chapter
Rhode Island Analysis
Status: In-depth
The Ocean and Coast
The small state of Rhode Island boasts 384 miles of tidal coastline, much of it within Narragansett Bay and other winding estuaries. Forty miles of the coastline face the open ocean.
Marine Conservation Agreements
Formal analyses of the potential to implement Marine Conservation Agreements (MCAs) in Rhode Island were completed in 2009 and 2006 (for a summary and the reports, see the Resources Box). Several important findings were made through these analyses, including:
- Rhode Island is constitutionally and statutorily mandated to manage tidal lands and the associated natural resources for the public’s benefit.
- Almost all tidal lands in Rhode Island are publicly owned.
- Public trust protected rights (including fishing, fowling, navigation and access) are usually maintained on tidal lands, which may impede private conservation projects.
- Any proposed conservation activity will likely need to be consistent with the Coastal Resource Management Council zoning plans.
- The state Freedom to Fish act includes specific conditions that must be met before areas of Rhode Island waters can be closed to commercial or recreational fishing.
- The state can transfer ownership of state-owned flowed tidal lands to private entities and extinguish all public trust doctrine rights under certain conditions. This transfer must be completed by the state's General Assembly. Presumably, ownership of tidal lands could be transferred to a conservation organization. However, the state, by practice, does not transfer such ownership and likely will not do so in the future.
- There is only one suspected case in which a private entity owns flowed tidal lands in Rhode Island—the Rhode Island Yacht Club. This case was not confirmed and there are no details of how it came to be. No other cases were uncovered. Presumably, if the yacht club wanted to sell their tidal lands, another private entity (including a conservation organization) could buy them.
- There appears to be a number of cases in which private entities own filled tidal lands in Rhode Island. Most of this ownership is likely to be in highly developed areas. There are numerous ways in which this private ownership came about. Presumably, if any of these private entities wanted to sell their filled tidal lands, another private entity (including a conservation organization) could buy them. Once acquired, the tidal lands could possibly be restored to their former flowed condition. After restoration to flowed tidal lands, it is unclear if the ownership status would change and if the public trust doctrine would then apply to the lands.
- If a conservation organization wanted to protect pristine habitat on state-owned flowed tidal lands from impacts and no in-water construction or restoration activities were required, the best mechanism to do so would depend on the amount of exclusivity required to protect the habitat. The state has the power to lease tidal lands and convey complete exclusivity, but the state has not used this power for activities other than aquaculture. If non-restoration conservation activities did not qualify for an aquaculture lease, then the state would have to develop a non-aquaculture lease project or program. The likelihood of this happening is not clear.
- If a conservation organization wanted to restore and protect habitat on state-owned flowed tidal lands, such as seagrass or shellfish habitat, and in-water construction activities were required, the organization may need, at a minimum, an aquaculture lease, aquaculture assent, and aquaculture license. Organizations may also be able to use a research/restoration assent similar to Save the Bay in Narragansett Bay (see field project in the Resources Box), but this authorization mechanism does not provide long-term surety of site protection.
Under most circumstances, the options for private organizations to pursue MCAs that ensure long-term protection of tidal lands in Rhode Island is at-worst unclear and at-best untested. MCA projects will likely require several local, state, and federal authorizations. The information that follows provides context for and information regarding possible authorization needs.
In addition to the findings of the assessment, Save the Bay of Rhode Island has been undertaking restoration projects in Narragansett Bay for several years (see Resources Box). Save the Bay receives authorization for their in-water projects from the Coastal Resources Management Council (as explained below).
Submerged Lands — Tidal Lands
The terms used to describe the lands lying below the mean high water line in Rhode Island can be confusing. Rhode Island refers to the lands lying between the mean high water line and the seaward extent of the state's jurisdictional limit (three nautical miles) as tidal lands. However, the terms submerged lands and tidelands are also used to describe this area. The term submersible lands is used to describe the area lying between the mean high water line and the mean low water line. Subtidal lands and submerged lands can be used interchangeably to describe the area lying between the mean low water line and the seaward extent of the state's jurisdictional limit. While the total acreage is unclear, the state owns nearly all tidal lands in Rhode Island. There is, however, no formally designated tidal lands leasing program in Rhode Island (other than for aquaculture, see below).
Coastal Zone, and Shoreline Development
The Coastal Resources Management Council (CRMC) is responsible for managing the coastal zone through planning, regulation, and permitting. CRMC often issues licenses for restoration activities on state-owned tidal lands. Conservation activities within the coastal zone require permits through CMRC. CRMC's extensive licensing program functionally serves as the state's leasing program.
Rhode Island Coastal Resources Management Council
Stedman Government Center, Suite 116
4808 Tower Hill Road
Wakefield, RI 02879-1900
Tel: 401-783-3370
Fax: 401-783-3767
Email: cstaff1@crmc.ri.gov
Water Quality
The Department of Environmental Management's Office of Water Resources oversees all aspects of water quality within the state including non-point source pollution and estuarine water quality. MCA projects that may directly or indirectly affect water quality should contact the Office of Water Resources.
Rhode Island Department of Environmental Management
Office of Water Resources
235 Promenade Street
Providence, RI 02908
Email: waterresources@dem.ri.gov
Fish and Wildlife
The Division of Fish and Wildlife, Marine Fisheries Section, is responsible for the marine system and its resources. MCA projects that may directly or indirectly affect marine fisheries should contact the Marine Fisheries Section
Rhode Island Department of Environmental Management
Division of Fish & Wildlife, Marine Fisheries Section
4808 Tower Hill Road
Wakefield, RI 02879
Tel: 401-789-3094
Fax 401-783-4460
Aquaculture
CMRC grants licenses and leases for shellfish aquaculture. Aquaculture leases are for 10 years and are renewable at the end of the term. The DEM (see above) is empowered to adopt regulations with regard to shellfish grounds that are considered necessary and is consulted by the CRMC in the permitting process with regard to aquaculture leasing. The DEM is also responsible for determining polluted areas that are closed to shellfishing in the waters of Rhode Island.1
Rhode Island Coastal Resources Management Council
Aquaculture Initiative
Stedman Government Center, Suite 116
4808 Tower Hill Road
Wakefield, RI 02879-1900
Tel: 401-783-3370
Fax: 401-783-3767
Email: cstaff1@crmc.ri.gov
Beaches
Lateral access along the shore, seaward of mean high water, is a public trust right guaranteed in the Rhode Island Constitution. State-owned beaches in Rhode Island fall within the jurisdiction of the Department of Environmental Management (DEM), Division of Parks and Recreation. A 2001 study by the DEM showed that Rhode Island had the highest ratio of visitors per acre of beach of any state in the United States.
Department of Environmental Management
Division of Parks and Recreation
2321 Hartford Ave.
Johnston, Rhode Island 02919-1719
Tel: 401-222-2632
Fax: 401 934-6010
Email: riparks@earthlink.net
1 RI § 20-8.1