This document discusses potential legal and policy strategies for addressing sea level rise and marsh migration in Rhode Island. It examines transferred development rights and rolling easements as adaptive tools, noting that the strategies were researched by Sea Grant Law Fellows to help inform the SLAMM and Beach SAMP teams. The Beach SAMP process will further explore using these strategies as well as property rights and liability issues related to climate change impacts.

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