§ 46-23-26. The public's rights and privileges of the shore.
(a) The public's rights and privileges of the shore are established by Article I, Sections
16 and 17 of the Rhode Island Constitution.
(b) For purposes of this chapter, the "recognizable high tide line� means a line or mark
left upon tidal flats, beaches, or along shore objects that indicates the intersection
of the land with the water's surface level at the maximum height reached by a rising
tide. The recognizable high tide line may be determined by a line of seaweed, oil
or scum along shore objects, a more or less continuous deposit of fine shell or debris
on the foreshore or berm, other physical markings or characteristics, or other suitable
means that delineate the general height reached by the water's surface level at a
rising tide. If there is more than one line of seaweed, oil, scum, fine shell, or
debris, then the recognizable high tide line means the most seaward line. In the absence
of residue seaweed or other evidence, the recognizable high tide line means the wet
line on a sandy or rocky beach. The line encompasses the water's surface level at
spring high tides and other high tides that occur with periodic frequency, but does
not include the water's surface level at storm surges in which there is a departure
from the normal or predicted reach of the water's surface level due to the piling
up of water against a coast by strong winds, such as those accompanying a hurricane
or other intense storms.
(c) Notwithstanding any provision of the general laws to the contrary, the public's rights
and privileges of the shore may be exercised, where shore exists, on wet sand or dry
sand or rocky beach, up to ten feet (10′) landward of the recognizable high tide line;
provided, however, that the public's rights and privileges of the shore shall not
be afforded where no passable shore exists, nor on land above the vegetation line,
or on lawns, rocky cliffs, sea walls, or other legally constructed shoreline infrastructure.
Further, no entitlement is hereby created for the public to use amenities privately
owned by other persons or entities, including, but not limited to: cabanas, decks,
and beach chairs.
(d) Any landowner whose property abuts the shore shall, with respect to the public's exercise
of rights and privileges of the shore as defined in this chapter, be afforded the
liability limitations pursuant to chapter 6 of title 32.
(e) The coastal resources management council (CRMC) in collaboration with the department
of environmental management (DEM), shall develop and disseminate information to educate
the public and property owners about the rights set out in this section.
(f) The CRMC in collaboration with the DEM, and the attorney general, shall determine
appropriate language and signage details for use at shoreline locations.