Authority For Municipal Resilient Road Infrastructure Funding Strategies In Rhode Island

his publication is a product of the Marine Affairs Institute at Roger Williams University School of Law and the Rhode Island Sea Grant Legal Program. Jimmy Smith, Rhode Island Sea Grant Law Fellow, conducted research for this project under the guidance of Read Porter, Senior Staff Attorney. All errors and omissions are the responsibility of the Marine Affairs Institute. This study is provided only for informational and educational purposes and is not legal advice. Road and utility infrastructure present a thorny problem for municipalities in an era of climate change. Many roads and associated utilities are located in low-lying areas, where they are subject to erosion and nuisance or storm-related flooding. Municipalities are under a duty to maintain this infrastructure, but the expanding costs of maintenance and repair demand reconsideration of how to address this vulnerability and increase resiliency over the long term. Rhode Island law may limit whether and how municipalities can use specific mechanisms to fund infrastructure improvements. This study provides insight into authorization for the use of specific funding strategies, building on prior work to establish liability related to coastal highway flooding and to identify funding mechanisms that municipalities may be able to deploy to increase road system resiliency. Specifically, this study clarifies municipal authority to use selected funding mechanisms under Rhode Island law, providing a strong basis for informed decision-making by cities and towns facing flooding of coastal highways.