In late June 2023, a new law gave members of the public the right to access private beaches up to ten feet above the “recognizable high tide line.”  In 2024, a new law H7376A.pdf requires sellers to notify buyers of rights of way and permits that affect the public’s shoreline access rights over the property.   The intent of the law is to reduce conflicts between members of the public and property owners by educating new owners.

The Governor signed the law on June 17, 2024, and it went into effect immediately.

The law requires sellers of vacant land or land with 1 – 4 dwelling units to provide the following information to potential buyers:

▪Mandatory Disclosure Language:   The Real Estate Sales Disclosure must include additional mandatory language about the public’s right to access the shoreline and beaches.  The RIAR Forms Committee is in the process of updating the RI Real Estate Sales Disclosure forms to comply with the law. 

"Shoreline Access - Members of the public shall have the right to access shoreline property as defined in § 5-20.8-1. 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" subject to the restrictions governed by § 46-23-26 and any general laws to the contrary. The seller of the real estate is required to notify the buyer of any public rights of way on the real estate that are known to the seller.

The buyer is advised to contact the Coastal Management Resources Council, the municipality or applicable nonprofit organizations to determine whether any public rights of way exist.”

▪Rights of Way/Public Access:  A seller must disclose any known rights of way or conditions of public access that to the shoreline on the property and must provide the buyer with a copy of any written documentation in the seller’s possession.

▪CRMC Permits:   A seller must provide the buyer with a copy of any permits for the property that were issued by the Coastal Management Resources Council and are in the seller's possession.

Even though the new law is now in effect, the only way to find it is on the Rhode Island General Assembly web site State of Rhode Island General Assembly (rilegislature.gov) by searching “Bill Status” or “Public Laws.”  New laws normally aren’t added to the separate Rhode Island General Laws database until November.

REALTORS:  For more information, please contact the RIAR Legal Department at [email protected] or 401-432-6945.