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SB 2704

AN ACT RELATING TO PUBLIC PROPERTY AND WORKS -- ACQUISITION OF LAND

2026 Regular Session Introduced by Jake Bissaillon and 7 co-sponsors

The bill creates a formal process to designate certain unimproved roads as “special ways” to preserve their historic, scenic, and recreational character, restricts changes, and ens

06/11/2026 Senate passed Sub A
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WeVote Research Nonpartisan
Bill Summary · SB 2704

Summary of SB 2704 (2026) – Rhode Island

Purpose and intent

  • Establish a formal process for designating certain roads, paths, and trails as “special ways” to protect their historic, scenic, recreational, or conservation value.
  • Create safeguards when towns or state agencies consider abandoning highways or driftways, ensuring consideration of retaining public pedestrian/recreational access via a public easement.

Key provisions and changes

  1. Designation of special ways (new § 37-6-31)

    • Participating entities: cities, towns, state agencies, quasi-public agencies, or departments.
    • Definition: A “special way” is an unimproved road or path historically used by pedestrians or horse-drawn vehicles, narrow, natural/dirt surface, limited vehicular access, and recognized for scenic, historic, or cultural significance.
    • Preservation: Special ways must be kept in their natural condition with restrictions on paving, widening, grading, vegetation removal beyond ordinary maintenance, and other development to preserve character.
    • Designation process: An ordinance or regulation adopted after public hearing and by majority vote can designate one or more special ways on state or municipal property, for purposes such as historic, scenic, recreational, or conservation corridors (old roads, cart paths, trails, etc.).
    • Regulatory scope: Ordinances may regulate use and access consistent with state zoning and land use laws; potential limitations include widening, paving, grading, obstructions, vegetation removal, conversion to full vehicular road use, and interference with public access where rights exist.
    • Boundaries: Ordinances may define the special way to include the traveled way and adjacent land, up to 20 feet on either side of the centerline as needed.
    • Allowed uses: Residential, recreational, agricultural, or open-space uses may be allowed within a special way if they do not create new direct vehicular access and respect state recreational use liability protections.
    • Vehicular use and development: May restrict or prohibit new/expanded vehicular use if reasonable alternative access exists; may condition or deny development/subdivision that would increase vehicular use; preexisting vehicular use may be allowed to continue with permits for expansions.
    • Non-ownership implications: designation does not resolve land ownership, rights-of-way, easements, highway status, or compel public access where none exists.
    • Non-motorized access: Development should not block non-motorized travel (walking, biking, horseback); paving with impervious materials may be prohibited except for crossings, safety, or maintenance.
    • Vegetation/structures: Regulate or prohibit vegetation removal, relocation/alteration of stone walls, placement of fences or obstructions; permits required for such activities, except routine maintenance or lawful preexisting nonconforming features.
    • Reversion: A designation can be repealed using the same process as designation (c).

  2. Abandonment process for highways (amendment to § 24-6-1)

    • Before a town/city declares a highway or driftway abandoned, the council must vote on whether to retain a public easement for pedestrian, recreational, conservation, or access purposes over all or part of the abandoned roadway.
    • The section preserves certain existing authorizations for abutting landowners to acquire abandoned roads at fair market value in specified cases (city/town-specific carve-outs) and outlines notice requirements, while not applying to private ways.

  3. Effective date

    • Takes effect upon passage.

Who is affected

  • Local governments (cities and towns) and state agencies that manage public land and rights-of-way.
  • Residents and trail users who rely on or may gain enhanced non-motorized access to designated special ways.
  • Property owners abutting designated or abandoned rights-of-way, due to potential changes in access, use, or transfer rights.
  • Planners and developers must consider new restrictions when proposing projects that touch designated special ways.

Procedural and timeline aspects

  • Legislative path: Introduced February 27, 2026; referred to Senate Housing & Municipal Government; subject to committee hearings and votes.
  • Designation and delisting of special ways require public hearings and majority votes by the applicable local government bodies.
  • Abandonment actions require notices and formal orders, with applicability to several municipalities that have existing procedures for selling abandonments to abutting owners under specific conditions.

Notable details

  • Special ways can include areas extending up to 20 feet on either side of the traveled centerline.
  • Paving and widening restrictions emphasize preserving natural/ historical character, with carve-outs limited to crossings, safety, or routine maintenance.
  • The act clarifies that designation or abandonment actions do not settle ownership or easement issues beyond the stated process.

If you’d like, I can pull out concrete examples or hypothetical scenarios (e.g., a town designating an old cart path as a special way or a highway abandonment decision with easement retention) to illustrate how the provisions would operate in practice.

Compiled from official sources — confirm details with the bill’s official record.

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