The Warren Harbor Management Commission is taking steps to identify the town's rights of way to the water. Many are overgrown, neglected, the subject of neighborhood contention or otherwise compromised. The end goal of the town's work is to provide better access to the water.

WARREN – Faced with dwindling access to one of the town's greatest assets, town officials are looking to more strictly enforce a Rhode Island constitutional right that originates from ancient Rome — the right of way to the shoreline.

Kevin Cute, a marine resources specialist for the Coastal Resources Management Council, recently gave a presentation to members of the Warren Harbor Management Commission that outlined the history of the passage in Rhode Island's constitution granting the right of water access. Reading from the original Roman passage, Mr. Cute said, "By natural right these things are common to all — the air, running water and the sea, and hence, the shores of the sea."

Rhode Island is the only state to specifically outline four shoreline rights — fishing, gathering seaweed, swimming access via the shore and passage along the sea. But in Warren, as in other Rhode Island towns, that right is slowly being lost in places by neglect, illegal blockages and time.

Harbor commission chairman Woody Kemp said Warren has started a drive to mark and reclaim various public access points around town. One of the goals, he said, is to clearly mark where public access points are. Currently, the CRMC has designated 17 sites in Warren, and commission members said they are looking at 16 other sites to add to the town's list.

Mr. Cute added that for the current sites, the only thing the town needs to do is to have the town manager or town council request signs from his office, and they will be provided.

"I have several hundred signs sitting in my office, so just let me know," he said.

Warren's ROWs

In its harbor management plan, the harbor management commission designates 20 other areas besides the 17 CRMC sites for protection or purchase by the town. There is overlap between the two lists, which in total outline 33 unique locations.

The sites already designated as rights of way by the CRMC include the Warren leg of the East Bay Bike Path, the Brown Street extension, the Wheaton Street boat ramp facility, the Warren Town Beach, Burr's Hill Park, Maple Street, Harris Avenue, Clark Road, Patterson Avenue, Parker Avenue, Barker Avenue, the road to the town landing, four access points on Shore Drive, and the Touisset Marsh Wildlife Refuge.

Potential sites listed in the management plan include access points on Company Street, Crescent Street, Locust Terrace, Maple Road in Touisset, Sunset Court, Libby Lane, Blackthorne Lane, Brownell Street, Laurel Lane, Beach Street, Washington Street, the Wharf Tavern on Water and Miller streets, Miller Street itself, Riverview Street and Barker Avenue, the Old Harbor Marine, Baker Street, Wheaton Street, Clark Road, four contested, neglected access points on Shore Drive and Barker Avenue.

The majority of the CRMC-designated sites do not have any signs, and many of the sites proposed by the harbor management commission are contentious. For example, Laurel Lane has a sign marking off the property of the Laurel Park Improvement Association property, but not a long-contested public right of way. Libby Lane has a sign simply stating, "Not a public right of way."

Meanwhile, other residents in the town have issues with what is allowed at certain access points. Water Street resident David Oliveira recently expressed concern to the town council that fishing is no longer permitted at the town wharf on Water Street.

Mr. Kemp said safety concerns — fish guts on the docks and fishhooks in an area with many swimmers — is why fishing was outlawed at the spot, and Warren Town Council member Joseph DePasquale added that insurance liability led to the decision to restrict fishing there.

Certain points only allow low-stress activities, such as views of the water, while others allow fishing and boating access. Each determination, which includes parking access, can be suggested by the harbor management commission and approved by the town council.

Designation process

Because the right to access the water is written into the constitution, Mr. Cute said Rhode Island courts normally decide against adjacent property owners when there's a question of whether a particular site is open to the public. The CRMC also publishes a guide, available for free on its website, that allows citizens to designate their own right of way.

According to the guide, a right of way can be established by six different methods: Town-recognized roads, highways, paper streets, public usage or deed to the public, uninterrupted usage by the public over time, and well-used paths more than 10 years old.

The right of way process is normally initiated by the town, not the CRMC itself. For example, a town can nominate certain areas for the CRMC to investigate. At this point, the CRMC visually inspects the area, and also examines any evidence provided to it by the town —land evidence records, deeds, tax assessor records and court decisions.

After nomination and discovery, the potential right of way is assigned to a CRMC subcommittee, and a public hearing is held in the town. If the subcommittee approves the right of way, it is referred to the full council for ratification. If there are no appeals, or if appeals have been exhausted, then the decision is recorded in the town's land evidence records and filed with the Secretary of State's office.

Mr. Cute said many of the problems they have deal with enforcement. Although the CRMC or state does not "own" a right of way, a property owner cannot prevent the public from access, similar to an easement. A public right of way, even one that has not been used recently, also cannot be abandoned without a hearing. Mr. Cute said the council pursues such cases legally. Also, just because a site is not on the CRMC list does not mean it is not a right of way. This can mean the area has simply not had a hearing yet.

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Warren's rights of way

These 17 sites are recognized by the Coastal Rights Management Council as rights of way in Warren. The descriptions come from a guide to public right of ways prepared by the CRMC.

1) Warren leg of the East Bay Bicycle Path: Picnic tables, benches and fishing are all available along the bike path, which can be used by bikers, walkers, joggers and rollerbladers.

2) Brown Street extension: No facilities available, this spot is recommended for bird watching or taking a rest from the bike path.

3) Wheaton Street boat ramp: Limited parking, but there is a small dock for quahog boats.

4) Warren Town Beach: A small fee is required for usage, and parking is restricted to residents in the summer. No dogs, bicycles or fires are allowed.

5) Burr's Hill Park: Parking is restricted to town residents in the summer, but picnic tables, toilets and fishing are available from various spots. The bike path through the back of the park by the basketball hoops.

6) Maple Street: There is a small seawall and grassy area that is recommended for sitting, possibly while taking a rest from the bike path. There is room to park a car at the bottom.

7) Harris Avenue: This is a small marshy and sandy area on the Kickemuit River.

8) Clark Road: This is another marshy area, from which the CRMC suggests is a good point for hand-launched boats.

9) Patterson Avenue: No parking available, but it is a good spot for bird watching.

10) Parker Avenue: There is a small stream here, but the path is overgrown. Recommended for bird watching.

11) Barker Avenue: A 50-yard path past some stone columns and to the Kickemuit River. It is recommended for fishing.

12) Road to the town landing: The CRMC warns that while this may look private, it is a public right of way, and the road end is a nice, peaceful place to look out at the bay from.

13-16) Shore Drive: There are four right of ways along this drive, which are recommended for walking.

17) Touisset Marsh Wildlife Refuge: Parking is available behind the Touisset Fire Station. A network of trails runs through the property, which is perfect for watching birds and other wildlife.

These 16 sites are proposed as possible access sites by the Warren Harbor Management Commission. The descriptions come from the Harbor Management Plan.

18) Company Street: An old sign designates this as a right of way. There are visual dead ends and parking is available on both sides of the street.

19) Crescent Street: There is limited parking, but this spot would allow fishermen to access the East Bay Bicycle Bridge and Warren River.

20) Locust Terrace: Limited parking, but a prime location for visitor's to Hanley's Point.

21) Maple Road: Limited parking, but a small beach and access to the waterfront.

22) Sunset Court: A visual right of way. Limited parking.

23) Libby Lane: A visual access point that abuts the marsh. Limited parking.

24) Blackthorne Lane: A visual access point that abuts the marsh. Limited parking.

25) Brownell Street: Limited parking and marked as private, but there is 176 feet leading to the waterfront.

26) Laurel Lane: Marked private and limited parking. There is a clearing to the Kickemuit River.

27) Beach Street: The street dead-ends at the waterfront. There is a beach with limited parking at the end.

28) Washington Street: Shown on town property maps as extending to the Warren River.

29) Wharf Tavern: Street parking on Miller and Water streets. There is a public walkway starting on Miller that goes around the restaurant.

30) Miller Street: Visual access point, the street dead-ends to the Warren River. Angle parking for five vehicles.

31) Riverview Street and Barker Avenue: Limited parking, these lead to the Kickemuit River. The town owns a portion of the land.

32) The Old Harbor Marine: Bought by the town in March 2003, a boardwalk around the perimeter and other changes are planned. Currently has three main docks and 10 finger piers.

33) Baker Street extension: Dead ends to the Warren River, limited parking. The town plans to eventually link this to the Old Harbor Marine.

By Stephen Greenwell

sgreenwell@eastbaynewspapers.com