Leasing and Ownership within Ocean and Coastal Waters
A Conservation Practitioner's Toolkit

Rhode Island Resources

Coastal Resource Management Council Statute

Coastal Resource Management Program Regulations

Narragansett Bay Restoration Case Study

Assessment of Law, Policy, and Practice Related to Private Conservation of Tidal Lands in Rhode Island (1,339k)

Maps and Data

Ecoregional Assessment for the North Atlantic Coast

The Nature Conservancy's Rhode Island Chapter

State Agency Contact Database

Rhode Island Summary

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.

Conservation Leasing and Ownership

In 2006, a PhD student from the University of Rhode Island conducted a formal assessment of laws and policies related to private conservation of tidal lands in Rhode Island (for the full report, see the Resources Box). Several important findings were made through the assessment, 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.   
  • Leasing of publicly owned tidal lands is possible.
  • The aquaculture leasing program that exists is adaptable for conservation purposes.
  • The regulatory permitting system allows for physical improvements to be made to tidal lands to achieve specific conservation objectives.

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. Conservation 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. Conservation 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 Projects
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

 

Step 1: Getting Started
1.1 Lease and Own 101
1.2 Myths
1.3 Important Terms
Step 2: Decision Checklist
2.1 Conservation Priorities
2.2 Threats and Strategies
2.3 Organization Capacity
2.4 Ownership and Use
2.5 Laws and Policies
2.6 Owners and Agencies
2.7 Partners and Funders
Step 3: Acquisition Checklist
3.1 Project Initiation
3.2 Title Report
3.3 Owner Contact
3.4 Proposal Completion
3.5 Terms and Conditions
3.6 Funding
3.7 Documentation
3.8 Due Diligence
3.9 Regulatory Permits
3.10 Final Actions
3.11 Site Plan
Step 4: Implementation
4.1 Science
4.2 Habitat
4.3 Maintenance
4.4 Public Use
4.5 Enforcement
4.6 Outreach
Country Summaries
Belize
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Ecuador
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Mexico
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United States
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U.S. State Summaries
Alabama
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New Hampshire
New Jersey
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Other States
Case Studies
Agreement: Ecuador
Agreement: Fiji
Agreement: Philippines
Agreement: Phoenix Islands
Concession: Chile
Lease: California
Lease: Connecticut
Lease: Indonesia 1
Lease: Indonesia 2
Lease: Tanzania
Lease: Washington
Lease/Own: California
Lease/Own: UK
License: Rhode Island
Own: Massachusetts
Own: New York
Own: North Carolina
Own: Texas
Own: Virginia
Own: Washington
Program: Arizona
Program: Washington
Permit: California
Permit: Mexico
Resources
Assessments
Contact Information
Funding Sources
Maps and Data
Publications & Presentations
Related Tools
Sample Documents
Workshop

 

Leasing and Ownership within Ocean and Coastal Waters     Copyright © 2007 The Nature Conservancy