Rhode Island beachfront homeowner sues coastal regulator over conditions of permit to repair storm damage
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The 81-page complaint arrived nearly a year after the foundation and Welch, in a
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In a July 2024 initial
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In a memorandum for a preliminary injunction in the latest lawsuit filed on Monday, Welch alleged the CMRC, without waiting for the Supreme Court to weigh in on the law, tried to impose terms of the statue as conditions of the permit – or 'assent' – he needs to lawfully complete repairs along the coastline of his property.
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'The CRMC granted the Assent with conditions requiring Stilts to record a public beach on its land up to ten feet landward of the recognizable high tide line, without just compensation, and other conditions granting the CRMC a right to search Stilts' property 'at all times,'' the memorandum states.
Indeed, the lawsuit also alleges the CRMC's permit requires Welch give the agency access to the property to inspect for compliance, with the CRMC having the right to 'inspect said project at all times including, but not limited to, the construction completion, and all times thereafter.'
Taken together, the conditions unconstitutionally require Welch 'to submit to an uncompensated taking of real property and to unwarranted searches, to obtain a permit,' according to the lawsuit.
'The government can't hold property owners hostage, demanding they surrender their constitutional rights just to get a permit to maintain their own home,' J. David Breemer, a senior attorney at the Pacific Legal Foundation, said in a statement. 'Rhode Island is essentially coercing property owners: give up your land and your Fourth Amendment protections, or you can't repair storm damage to your own house.'
According to the lawsuit, Welch owns four parcels, one with a small, partially elevated home. A storm in January 2023 damaged a stairway at the home, moved boulders out from under the home, and damaged the dunes and dune fencing, the filing states.
Welch applied for an assent from the CRMC, which the council granted in February 2023, the lawsuit states. But the agency later issued a cease and desist order after 'someone apparently complained to the CRMC' in the spring that the work did not comply with the assent, according to the lawsuit.
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The CRMC later claimed boulders had been moved beyond the scope of the assent, and that there had also been 'unauthorized dune renourishment … and erection of snow fencing around the dunes near the home,' the lawsuit states.
Welch appealed the alleged violation and following a June 2024 hearing, the parties reached an agreement, under which Welch agreed to apply for a new assent and the CRMC agreed to withdraw the cease and desist order and 'waive almost all fines,' according to the filing.
The CRMC then granted a new assent in December 2024, with the conditions Welch is now challenging in the latest lawsuit, the complaint states. Without the assent, Welch will be unable to lawfully complete the repairs 'which will trigger substantial CRMC fines,' the memorandum states.
The CRMC did not immediately return a request for comment on Wednesday, and has not yet responded to the lawsuit's allegations in court.
Christopher Gavin can be reached at
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