Legal and Policy Strategies for SLAMM in Rhode Island

1. Legal and Policy
Strategies for SLAMM
in Rhode Island

2. Overview: measure twice, cut once
 As marshes migrate, the shoreline will change
 Potential adaptive tools for marsh migration
 Transferred development rights (TDR)
 Rolling easements
 Precursor to the Beach SAMP

3. Process
 Research conducted by Rhode Island Sea Grant Law Fellows
 Academic, neutral, research
 Help inform the SLAMM team and Beach SAMP team

4. TDR
 A voluntary and market-based tool used to direct development
away from environmentally sensitive “sending” areas and into
“receiving” areas with the desire and capacity for more
development.

5. Rolling Easements
 Term for public policy that protects lands in the public trust as the
sea “rolls” inland. Setbacks, conservation easements, prohibitions
on coastal armoring, and building restrictions can all constitute a
rolling easement.

6. Moving Forward
 Beach SAMP will be examining TDR, rolling easements, and other
adaptive measures for climate change adaptation, including marsh
migration
 More exploration of property rights issues in Beach SAMP research
 Exploring liability issues related to climate change impacts
 Potential training for coastal municipalities on more comprehensive
legal issues associated with climate change