For Release: August 13, 1998

Contact: Malcolm Grant 222-6605

PROVIDENCE - Reaffirming pre-existing public access to the ocean edge and settling a long-standing dispute, the Department of Environmental Management will begin construction tomorrow of a snow fence along the property line between the state-owned Weekapaug Breachway and the privately owned Dunes Park in Westerly.

"The public has always had the right of access along the breachway, but has been discouraged by private interests from using it," said DEM Associate Director Malcolm Grant. "We felt it was necessary to take this step to assure citizens of their right to this shoreline area that is clearly owned by the state."

The temporary fence is being erected to clarify the area that the public has a right to use and will be followed at a later date by permanent fencing. The area includes a 20-foot width of the breachway that the neighboring Dunes Park, a private beach club, had used for parking cars, locating a dumpster, and posting a guard who erroneously told public visitors they could not use the breachway unless they were fishermen.

DEM had a survey done of the property this summer to conclusively prove public ownership and is finalizing the terms of an agreement to dismiss a trespass suit brought against the department by the beach club. The survey was based on a 1953 condemnation plat filed at the time the breachway was constructed.