AN ACT RELATING TO TOWNS AND CITIES -- RHODE ISLAND COMPREHENSIVE PLANNING AND LAND USE ACT (Provides technical amendments relating to comprehensive planning and land use, subdivision of land, zoning ordinances and moderate-income housing.)

H8004

2026 -- H 8004
========
LC005900
========

STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
____________
A N A C T
RELATING TO TOWNS AND CITIES -- RHODE ISLAND COMPREHENSIVE PLANNING
AND LAND USE ACT

Introduced By:
Representative Robert E. Craven

Date Introduced:
February 27, 2026

Referred To:
House Judiciary
It is enacted by the General Assembly as follows:
1
SECTION 1. Sections 45-22.2-2, 45-22.2-5 and 45-22.2-13 of the General Laws in Chapter
2
45-22.2 entitled "Rhode Island Comprehensive Planning and Land Use Act" are hereby amended
3
to read as follows:
4

45-22.2-2. Status of comprehensive plans; relation to other statutes.
5
(a) All lawfully adopted comprehensive plans shall remain in full force and effect but shall
6
be brought into conformance with this chapter prior to July 1, 2017.
7
(b) Nothing contained in this chapter is construed to supersede or diminish any regulatory
8
or planning authority granted or delegated to a state agency by state or federal statute.
9

(c) All lawfully adopted comprehensive plans shall be consistent with the provisions of this
10
chapter as well as chapters 23 and 24 of this title.
11

45-22.2-5. Formulation of comprehensive plans by cities and towns.
12
(a) The comprehensive plan is a statement (in text, maps, illustrations, or other media of
13
communication) that is designed to provide a basis for rational decision making regarding the long-
14
term physical development of the municipality. The definition of goals and policies relative to the
15
distribution of future land uses, both public and private, forms the basis for land use decisions to
16
guide the overall physical, economic, and social development of the municipality.
17
(b) There is established a program of local comprehensive planning to address the findings
18
and intent and accomplish the goals of this chapter. Rhode Island’s cities and towns, through the

1
exercise of their power and responsibility pursuant to the general laws,
including this chapter and
2
chapters 23 and 24 of this title, any
applicable articles of the Rhode Island Constitution, and subject
3
to the express limitations and requirements of this chapter,
as well as chapters 23 and 24 of this
4
title,
shall prepare, adopt, amend, and maintain comprehensive plans, including implementation
5
programs, that relate development to land capacity, protect our natural resources, promote a balance
6
of housing choices, encourage economic development, preserve and protect our open space,
7
recreational, historic and cultural resources, provide for orderly provision of facilities and services
8
and are consistent with the goals, findings, intent, and other provisions of this chapter and the laws
9
of the state.
10
(c) Each municipality shall ensure that its zoning ordinance and map are consistent with its
11
comprehensive plan.
12
(d) Each municipality shall submit to the chief, as provided for in §§ 45-22.2-9 and 45-
13
22.2-12 and the rules promulgated by the state planning council:
14
(1) Its locally adopted comprehensive plan;
15
(2) Any amendment to its comprehensive plan;
16
(3) An informational report on the status of its implementation programs; and
17
(4) Its zoning ordinance text and generalized zoning map or maps.
18

45-22.2-13. Compliance and implementation.
19
(a) The municipality is responsible for the administration and enforcement of the plan.
20
(b) All municipal land use decisions shall be in conformance with the locally adopted
21
municipal comprehensive plan subject to § 45-22.2-12(b).
22
(c) Each municipality shall amend its zoning ordinance and map to conform to the
23
comprehensive plan in accordance with the implementation program as required by § 45-22.2-
24
6(b)(11) and § 45-22.2-6(b)(12)(iv). The zoning ordinance and map in effect at the time of plan
25
adoption shall remain in force until amended. Except with respect to comprehensive plans that have
26
failed to be updated within twelve (12) years, as set forth in § 45-22.2-6(b)(11), in instances where
27
the zoning ordinance is in conflict with an adopted comprehensive plan, the zoning ordinance in
28
effect at the time of the comprehensive plan adoption shall direct municipal land use decisions until
29
such time as the zoning ordinance is amended to achieve consistency with the comprehensive plan
30
and its implementation schedule. In instances of uncertainty in the internal construction or
31
application of any section of the zoning ordinance or map, the ordinance or map shall be construed
32
in a manner that will further the implementation of, and not be contrary to, the goals and policies
33
and applicable content of the adopted comprehensive plan.
34
(d) Limitations on land use applications, review, and approvals may be imposed according

LC005900 - Page 2 of 51
1
to only the following provisions:
2
(1) Nothing in the chapter shall be deemed to preclude municipalities from imposing
3
reasonable limitations on the number of building permits or other land use approvals to be issued
4
at any time, provided such limitations are consistent with the municipality’s comprehensive plan
5
in accordance with this chapter and are based on a reasonable, rational assessment of the
6
municipality’s sustainable capacity for growth. If such limitation is applied to residential building
7
permits, the limitation must be vital to protecting public health and welfare and it must be
8
demonstrated that there is no other means available to protect public health and welfare given the
9
need for additional housing units in the community. No such limitation shall be applicable to
10
applications submitted as part of a comprehensive permit project under § 45-53-4 or units to be
11
developed under inclusionary zoning.
12
(2) In the event of a dire emergency not reasonably foreseeable as part of the
13
comprehensive planning process, a municipality may impose a limitation on the number of building
14
permits or other land use approvals to be issued at any time, provided that such limitation is
15
reasonably necessary to alleviate the emergency and is limited to the time reasonably necessary to
16
alleviate the emergency, but in no event shall such limitation be in place longer than one hundred
17
twenty (120) days.
18
(e) A one-time moratorium, for the purpose of providing interim protection for a planned
19
future land use or uses, may be imposed during the twelve (12) months subsequent to the adoption
20
of the local comprehensive plan provided that a change to the zoning ordinance and map has been
21
identified and scheduled for implementation within twelve (12) months of plan adoption. The
22
moratorium shall be enacted as an ordinance and may regulate, restrict, or prohibit any use,
23
development, or subdivisions under the following provisions:
24
(1) The moratorium is restricted to those areas identified on the map or maps as required
25
by § 45-22.2-6(b)(2)(iii).
26
(2) A notice of the moratorium must be provided by first class mail to property owners
27
affected by said moratorium at least fourteen (14) days in advance of the public hearing.
28
(3) The ordinance shall specify:
29
(i) The purpose of the moratorium;
30
(ii) The date it shall take effect and the date it shall end;
31
(iii) The area covered by the moratorium; and
32
(iv) The regulations, restrictions, or prohibitions established by the moratorium.
33
(4) The moratorium may be extended up to an additional ninety (90) days if necessary to
34
complete a zoning ordinance and map change provided that: (i) The public hearing as required by

LC005900 - Page 3 of 51
1
§ 45-24-53 has commenced; and (ii) The chief approves the extension based on a demonstration of
2
good cause. Said extension shall not be deemed as non-conformance to the implementation
3
schedule.
4
(f) A moratorium enacted under the provisions of subsection (e) of this section shall not
5
apply to state agencies until such time that the municipal comprehensive plan receives approval
6
from the chief or superior court.
7
(g) For a moratorium enacted under the provisions of subsection (e) of this section, in the
8
event a municipality fails to amend its zoning ordinance and map to conform to the comprehensive
9
plan within the implementation schedule, or by the expiration of the moratorium period, a
10
municipality must amend either their implementation schedule or, if the future land use is no longer
11
desirable or feasible, amend the future land use map.
12
(1) Failure to comply with this provision within one hundred twenty (120) days of the date
13
of the implementation schedule or the expiration of the moratorium period shall result in the denial
14
or rescission, in whole or in part, of state approval of the comprehensive plan and of all benefits
15
and incentives conditioned on state approval.
16
(2) An implementation schedule amended under this provision shall not be eligible for an
17
additional moratorium as provided for in subsection (e) of this section.
18
(h) For any moratorium related to the submission, review, or approval of any land use
19
application for residential housing development, other than that covered by subsection (e) of this
20
section, such moratorium must be vital to protecting public health and welfare and it must be
21
demonstrated that there is no other means available to protect public health and welfare given the
22
need for additional housing units in the community. No
such limitation

moratorium
shall be
23
applicable to applications submitted as part of a comprehensive permit project under § 45-53-4,
or

24
nor shall it be applicable to
units to be developed under inclusionary zoning. The proposal for such
25
moratorium shall be advertised in a newspaper of local circulation at least fourteen (14) days in
26
advance of the hearing and shall be posted on the municipal website for the fourteen (14) days in
27
advance of the hearing on the same. A moratorium under this provision shall not last for longer
28
than one hundred twenty (120) days. A moratorium under this provision must include a vesting
29
provision that vests all applications that are substantially complete at the time of the enactment of
30
the moratorium.
31
SECTION 2. Sections 45-23-32, 45-23-35, 45-23-37, 45-23-38, 45-23-60 and 45-23-71 of
32
the General Laws in Chapter 45-23 entitled "Subdivision of Land" are hereby amended to read as
33
follows:
34

45-23-32. Definitions.

LC005900 - Page 4 of 51
1
Where words or phrases used in this chapter are defined in the definitions section of either
2
the Rhode Island Comprehensive Planning and Land Use Regulation Act, § 45-22.2-4, or the Rhode
3
Island Zoning Enabling Act of 1991, § 45-24-31, they have the meanings stated in those acts.
4
Additional words and phrases may be defined in local ordinances, regulations, and rules under this
5
act in a manner that does not conflict or alter the terms or mandates in this act, the Rhode Island
6
Comprehensive Planning and Land Use Regulation Act § 45-22.2-4, and the Rhode Island Zoning
7
Enabling Act of 1991. The words and phrases defined in this section, however, shall be controlling
8
in all local ordinances, regulations, and rules created under this chapter. In addition, the following
9
words and phrases have the following meanings:
10
(1)
Administrative officer.
The municipal official(s) designated by the local regulations
11
to administer the land development and subdivision regulations to review and approve qualified
12
applications and/or coordinate with local boards and commissions, municipal staff, and state
13
agencies as set forth herein. The administrative officer may be a member, or the chair, of the
14
planning board, an employee of the municipal planning or zoning departments, or an appointed
15
official of the municipality. See § 45-23-55.
16
(2)
Board of appeal.
The local review authority for appeals of actions of the administrative
17
officer, which shall be the local zoning board of review constituted as the board of appeal. See §
18
45-23-57.
19
(3)
Bond.
See improvement guarantee.
20
(4)
Buildable lot.
A lot where construction for the use(s) permitted on the site under the
21
local zoning ordinance is considered practicable by the planning board, considering the physical
22
constraints to development of the site as well as the requirements of the pertinent federal, state, and
23
local regulations. See § 45-23-60(a)(4).
24
(5)
Certificate of completeness.
A notice issued by the administrative officer informing
25
an applicant that the application is complete and meets the requirements of the municipality’s
26
regulations, and that the applicant may proceed with the review process.
27
(6)
Concept plan.
A drawing with accompanying information showing the basic elements
28
of a proposed land development plan or subdivision as used for pre-application meetings and early
29
discussions, and classification of the project within the approval process.
30
(7)
Consistency with the comprehensive plan.
A requirement of all local land use
31
regulations which means that all these regulations and subsequent actions are in accordance with
32
the public policies arrived at through detailed study and analysis and adopted by the municipality
33
as the comprehensive community plan as specified in § 45-22.2-3.
34
(8)
Dedication, fee-in-lieu-of.
Payments of cash that are authorized in the local regulations

LC005900 - Page 5 of 51
1
when requirements for mandatory dedication of land are not met because of physical conditions of
2
the site or other reasons. The conditions under which the payments will be allowed and all formulas
3
for calculating the amount shall be specified in advance in the local regulations. See § 45-23-47.
4
(9)
Development plan review.
Design or site plan review of a development of a permitted
5
use. A municipality may utilize development plan review under limited circumstances to encourage
6
development to comply with design and/or performance standards of the community under specific
7
and objective guidelines, for the following categories of developments:
8
(i) A change in use at the property where no extensive construction of improvements is
9
sought;
10
(ii) An adaptive reuse project located in a commercial zone where no extensive exterior
11
construction of improvements is sought;
12
(iii) An adaptive reuse project located in a residential zone that results in less than nine (9)
13
residential units;
14
(iv) Development in a designated urban or growth center; or
15
(v) Institutional development for educational or hospital facilities.
16
(vi) [Deleted by P.L. 2024, ch. 292, § 1 and P.L. 2024, ch. 293, § 1.]
17
(10)
Development regulation.
Zoning, subdivision, land development plan, development
18
plan review, historic district, official map, flood plain regulation, soil erosion control, or any other
19
governmental regulation of the use and development of land.
20
(11)
Division of land.
A subdivision.
21
(12)
Environmental constraints.
Natural features, resources, or land characteristics that
22
are sensitive to change and may require conservation measures or the application of special
23
development techniques to prevent degradation of the site, or may require limited development, or
24
in certain instances, may preclude development. See also physical constraints to development.
25
(13)
Final plan.
The final stage of land development and subdivision review or a formal
26
development plan review application. See §§ 45-23-38, 45-23-39, and 45-23-50.
27
(14)
Final plat.
The final drawing(s) of all or a portion of a subdivision to be recorded after
28
approval by the planning board and any accompanying material as described in the community’s
29
regulations and/or required by the planning board.
30
(15)
Floor area, gross.
See R.I. State Building Code.
31
(16)
Governing body.
The body of the local government, generally the city or town
32
council, having the power to adopt ordinances, accept public dedications, release public
33
improvement guarantees, and collect fees.
34
(17)
Improvement.
Any natural or built item that becomes part of, is placed upon, or is

LC005900 - Page 6 of 51
1
affixed to, real estate.
2
(18)
Improvement guarantee.
A security instrument accepted by a municipality to ensure
3
that all improvements, facilities, or work required by the land development and subdivision
4
regulations, or required by the municipality as a condition of approval, will be completed in
5
compliance with the approved plans and specifications of a development. See § 45-23-46.
6
(19)
Land development project.
A project in which one or more lots, tracts, or parcels of
7
land or a portion thereof are developed or redeveloped as a coordinated site for one or more uses,
8
units, or structures, including but not limited to, planned development or cluster development for
9
residential, commercial, institutional, recreational, open space, or mixed uses. The local regulations
10
shall include all requirements, procedures, and standards necessary for proper review and approval
11
of land development projects to ensure consistency with this chapter and the Rhode Island zoning
12
enabling act.
13
(i)
Minor land development project
. A land development project involving any one of
14
the following categories which has not otherwise been specifically designated by local ordinance
15
as development plan review:
16
(A) Seven thousand five hundred (7,500) gross square feet of floor area of new commercial,
17
manufacturing, or industrial development, or less; or
18
(B) An expansion of up to fifty percent (50%) of existing floor area or up to ten thousand
19
(10,000) square feet for commercial, manufacturing, or industrial structures; or
20
(C) Mixed-use development consisting of up to six (6) dwelling units and two thousand
21
five hundred (2,500) gross square feet of commercial space or less; or
22
(D) Multi-family residential or residential condominium development of nine (9) units or
23
less; or
24
(E) Change in use at the property where no extensive construction of improvements is
25
sought; or
26
(F) An adaptive reuse project of up to twenty-five thousand (25,000) square feet of gross
27
floor area located in a commercial zone where no extensive exterior construction of improvements
28
is sought; or
29
(G) An adaptive reuse project located in a residential zone that results in less than nine (9)
30
residential units.
31
A community can increase but not decrease the thresholds for minor land development set
32
forth above if specifically set forth in the local ordinance and/or regulations. The process by which
33
minor land development projects are reviewed by the local planning board, commission, technical
34
review committee, and/or administrative officer is set forth in § 45-23-38.

LC005900 - Page 7 of 51
1
(ii)
Major land development project.
A land development project that exceeds the
2
thresholds for a minor land development project as set forth in this section and local ordinance or
3
regulation. The process by which major land development projects are reviewed by the local
4
planning board, commission, technical review committee, or administrative officer is set forth in §
5
45-23-39.
6
(20)
Local regulations.
The land development and subdivision review regulations adopted
7
under the provisions of this act. For purposes of clarification, throughout this act, where reference
8
is made to local regulations, it is to be understood as the land development and subdivision review
9
regulations and all related ordinances and rules properly adopted pursuant to this chapter.
10
(21)
Maintenance guarantee.
Any security instrument that may be required and accepted
11
by a municipality to ensure that necessary improvements will function as required for a specific
12
period of time. See improvement guarantee.
13
(22)
Master plan.
An overall plan for a proposed project site outlining general, rather than
14
detailed, development intentions. It describes the basic parameters of a major development
15
proposal, rather than giving full engineering details. Required in major land development or major
16
subdivision review only. It is the first formal review step of the major land development or major
17
subdivision process and the step in the process in which the public hearing is held. See § 45-23-39.
18
(23)
Modification of requirements.
See § 45-23-62.
19
(24)
Parcel.
A lot, or contiguous group of lots in single ownership or under single control,
20
and usually considered a unit for purposes of development. Also referred to as a tract.
21
(25)
Parking area or lot.
All that portion of a development that is used by vehicles, the
22
total area used for vehicular access, circulation, parking, loading, and unloading.
23
(26)
Permitting authority.
The local agency of government, meaning any board,
24
commission, or administrative officer specifically empowered by state enabling law and local
25
regulation or ordinance to hear and decide on specific matters pertaining to local land use.
26
(27)
Phased development.
Development, usually for large-scale projects, where
27
construction of public and/or private improvements proceeds by sections subsequent to approval
28
of a master plan for the entire site. See § 45-23-48.
29
(28)
Physical constraints to development.
Characteristics of a site or area, either natural
30
or man-made, which present significant difficulties to construction of the uses permitted on that
31
site, or would require extraordinary construction methods. See also environmental constraints.
32
(29)
Planning board.
The official planning agency of a municipality, whether designated
33
as the plan commission, planning commission, plan board, or as otherwise known.
34
(30)
Plat.
A drawing or drawings of a land development or subdivision plan showing the

LC005900 - Page 8 of 51
1
location, boundaries, and lot lines of individual properties, as well as other necessary information
2
as specified in the local regulations.
3
(31)
Pre-application conference.
An initial meeting between developers and municipal
4
representatives that affords developers the opportunity to present their proposals informally and to
5
receive comments and directions from the municipal officials and others. See § 45-23-35.
6
(32)
Preliminary plan.
A required stage of land development and subdivision review that
7
generally requires detailed engineered drawings. See § 45-23-39.
8
(33)
Public hearing
. A hearing before the planning board that is duly noticed in accordance
9
with § 45-23-42 and that allows public comment. A public hearing is not required for an application
10
or stage of approval unless otherwise stated in this chapter.
11
(34)
Public improvement.
Any street or other roadway, sidewalk, pedestrian way, tree,
12
lawn, off-street parking area, drainage feature, or other facility for which the local government or
13
other governmental entity either is presently responsible, or will ultimately assume the
14
responsibility for maintenance and operation upon municipal acceptance.
15
(35)
Slope of land.
The grade, pitch, rise, or incline of the topographic landform or surface
16
of the ground.
17
(36)
Storm water detention.
A provision for storage of storm water runoff and the
18
controlled release of the runoff during and after a flood or storm.
19
(37)
Storm water retention.
A provision for storage of storm water runoff.
20
(38)
Street.
A public or private thoroughfare used, or intended to be used, for passage or
21
travel by motor vehicles. Streets are further classified by the functions they perform. See street
22
classification.
23
(39)
Street, access to.
An adequate and permanent way of entering a lot. All lots of record
24
shall have access to a public street for all vehicles normally associated with the uses permitted for
25
that lot.
26
(40)
Street, alley.
A public or private thoroughfare primarily designed to serve as
27
secondary access to the side or rear of those properties whose principal frontage is on some other
28
street.
29
(41)
Street, cul-de-sac.
A local street with only one outlet and having an appropriate
30
vehicular turnaround, either temporary or permanent, at the closed end.
31
(42)
Street, limited access highway.
A freeway or expressway providing for through
32
traffic. Owners or occupants of abutting property on lands and other persons have no legal right to
33
access, except at the points and in the manner as may be determined by the public authority having
34
jurisdiction over the highway.

LC005900 - Page 9 of 51
1
(43)
Street, private.
A thoroughfare established as a separate tract for the benefit of
2
multiple, adjacent properties and meeting specific, municipal improvement standards. This
3
definition does not apply to driveways.
4
(44)
Street, public.
All public property reserved or dedicated for street traffic.
5
(45)
Street, stub.
A portion of a street reserved to provide access to future development,
6
which may provide for utility connections.
7
(46)
Street classification.
A method of roadway organization that identifies a street
8
hierarchy according to function within a road system, that is, types of vehicles served and
9
anticipated volumes, for the purposes of promoting safety, efficient land use, and the design
10
character of neighborhoods and districts. Local classifications use the following as major
11
categories:
12
(i)
Arterial.
A major street that serves as an avenue for the circulation of traffic into, out
13
of, or around the municipality and carries high volumes of traffic.
14
(ii)
Collector.
A street whose principal function is to carry traffic between local streets and
15
arterial streets but that may also provide direct access to abutting properties.
16
(iii)
Local.
Streets whose primary function is to provide access to abutting properties.
17
(47)
Subdivider.
Any person who: (i) Having an interest in land, causes it, directly or
18
indirectly, to be divided into a subdivision; or who (ii) Directly or indirectly sells, leases, or
19
develops, or offers to sell, lease, or develop, or advertises to sell, lease, or develop, any interest,
20
lot, parcel, site, unit, or plat in a subdivision; or who (iii) Engages directly or through an agent in
21
the business of selling, leasing, developing, or offering for sale, lease, or development a subdivision
22
or any interest, lot, parcel, site, unit, or plat in a subdivision.
23
(48)
Subdivision.
The division of a lot, tract, or parcel of land into two or more lots, tracts,
24
or parcels or any adjustment to existing lot lines is considered a subdivision.
25
(i)
Administrative subdivision.
Subdivision of existing lots that yields no additional lots
26
for development, and involves no creation or extension of streets. This subdivision only involves
27
division, mergers, mergers and division, or adjustments of boundaries of existing lots. The process
28
by which an administrative officer or municipal planning board or commission reviews any
29
subdivision qualifying for this review is set forth in § 45-23-37.
30
(ii)
Minor subdivision.

The following categories of subdivisions are minor subdivisions:
31

(A)
A subdivision creating nine (9) or fewer
buildable
lots
and a

with or without a street
32
extension or creation;
33

(B) A
subdivision
creating ten (10) or more buildable

of any number of
lots on an existing
34
improved public street
; and

LC005900 - Page 10 of 51
1

(C) Oversized lot subdivisions
. The process by which a municipal planning board,
2
commission, technical review committee, and/or administrative officer reviews a minor subdivision
3
is set forth in § 45-23-38.
Minor subdivisions shall include oversized lot subdivisions.
Oversized
4
lot
subdivision — Subdivision

subdivisions are subdivisions
of an existing lot:
5
(A) Which results in the creation of a vacant lot or lots for residential use; and
6
(B) Which resulting vacant residential lots are equal to or greater in lot area than the lot
7
area of at least fifty percent (50%) of the developed residential lots within two hundred feet (200′)
8
of the lot proposed for subdivision, as confirmed by a professional land surveyor based on a
9
compilation plan, as such term is defined by the rules and regulations for professional land
10
surveying; and
11
(C) Which resulting residential lots have access to available sewer and water, or have
12
demonstrated the ability to drill a private well meeting state standards if no public water is available
13
and/or the suitability and setbacks required for an on-site wastewater treatment system, where no
14
public sewer is available; and
15
(D) The resulting lots are not less than three thousand square feet (3,000 ft2) in lot size for
16
each.
17
A lot, qualifying for this type of
oversized lot
subdivision shall be reviewed under the
18
requirements and procedures set forth in § 45-23-38, but shall not require zoning relief solely based
19
on the resulting reduced lot area of the newly created lots. The resulting subdivided lots shall have
20
the benefit of reduced requirements as set forth in § 45-24-38, and/or are eligible for the processes
21
set forth in § 45-24-46, as applicable.
22
(iii)
Major subdivision.
A subdivision creating ten (10) or more buildable lots where a
23
street extension or street creation is required. The process by which a municipal planning board or
24
commission reviews any subdivision qualifying for this review under § 45-23-39.
25
(49)
Technical review committee.
A committee or committees appointed by the
26
municipality for the purpose of reviewing, commenting, approving, and/or making
27
recommendations to the planning board or administrative officer, as set forth in this chapter.
28
(50)
Temporary improvement.
Improvements built and maintained by a developer during
29
construction of a development project and prior to release of the improvement guarantee, but not
30
intended to be permanent.
31
(51)
Vested rights
. The right to initiate or continue the development of an approved project
32
for a specified period of time, under the regulations that were in effect at the time of approval, even
33
if, after the approval, the regulations change prior to the completion of the project.
34
(52)
Waiver of requirements.
See § 45-23-62.

LC005900 - Page 11 of 51
1

45-23-35. General provisions — Pre-application meetings and concept review.
2
(a) One or more pre-application meetings may be held for all major land development or
3
subdivision applications at the request of the applicant. Pre-application meetings may be held for
4
administrative and minor applications, upon request of the applicant. Pre-application meetings
5
allow the applicant to meet with appropriate officials, boards and/or commissions, planning staff,
6
and, where appropriate, state agencies, for advice as to the required steps in the approvals process,
7
the pertinent local plans, ordinances, regulations, rules and procedures and standards which may
8
bear upon the proposed development project.
9
(b) At the pre-application stage the applicant may request the planning board or the
10
technical review committee for an informal concept plan review for a development. The purpose
11
of the concept plan review is also to provide planning board or technical review committee input
12
in the formative stages of major subdivision and land development concept design.
13
(c) Applicants seeking a pre-application meeting or an informal concept review shall
14
submit general, conceptual materials in advance of the meeting(s) as requested by municipal
15
officials.
16
(d) Pre-application meetings aim to encourage information sharing and discussion of
17
project concepts among the participants. Pre-application discussions are intended for the guidance
18
of the applicant and are not considered approval of a project or its elements.
19

(e) Provided that at least one pre-application meeting has been held for major land
20
development or subdivision application or sixty (60) days has elapsed from the filing of the pre-
21
application submission and no pre-application meeting has been scheduled to occur within those
22
sixty (60) days, nothing shall be deemed to preclude an applicant from thereafter filing and
23
proceeding with an application for a land development or subdivision project in accordance with §
24
45-23-36.
25

45-23-37. General provisions — Administrative subdivision.
26
(a) Any applicant requesting approval of a proposed administrative subdivision, as defined
27
in this chapter, shall submit to the administrative officer the items required by the local regulations
,
28
which are sufficient to confirm the moving of lot lines
.
29
(b) The application shall be certified, in writing, as complete or incomplete by the
30
administrative officer within a fifteen (15) day period from the date of its submission according to
31
the provisions of § 45-23-36(c).
32

(c) A Class 1 survey shall not be required for administrative subdivisions which only result
33
in the merger of existing lots.
34

(c)
(d)
Review process:

LC005900 - Page 12 of 51
1
(1) Within
fifteen (15)

twenty (20)
days of certification of completeness, the administrative
2
officer
, or the technical review committee,
shall review the application and approve
,

or
deny
or
3
refer
it
to the planning board with recommendations
. The officer or committee shall report its
4
actions to the planning board at its next regular meeting, to be made part of the record.
5
(2)
If no action is taken by the administrative officer or the technical review committee
6
within the fifteen (15) days, the application shall be placed on the agenda of the next regular
7
planning board meeting.

Failure of the administrative officer to act within the prescribed period
8
constitutes approval of the administrative subdivision plan and the resulting approval shall be
9
issued on request of the applicant.
10
(d)
If referred to the planning board, the board shall consider the application and the
11
recommendations of the administrative officer and/or the technical review committee and either
12
approve, approve with conditions, or deny the application within sixty-five (65) days of
13
certification of completeness. Failure of the planning board to act within the prescribed period
14
constitutes approval of the administrative subdivision plan and a certificate of the administrative
15
officer as to the failure of the planning board or committee to act within the required time and the
16
resulting approval shall be issued on request of the applicant.
17
(e) Denial of an application by the administrative officer
and/or the technical review
18
committee
is
not
appealable
and requires

pursuant to § 45-23-71 or
the plan
to

may
be submitted
19
as a minor subdivision application.
20
(f) Any approval
or denial
of an administrative subdivision shall be evidenced by a written
21
decision which shall be filed and posted in the office of the city or town clerk.
22
(g) Approval of an administrative subdivision expires ninety (90) days from the date of
23
approval unless within that period a plat in conformity with that approval is submitted for signature
24
and recording as specified in § 45-23-64.
25

45-23-38. General provisions — Minor land development and minor subdivision
26
review.
27
(a)
Application types and review stages.
28
(1)
Applications requesting relief from the zoning ordinance.
29
(i) Applications under this section that require relief that qualifies only as a modification
30
under § 45-24-46 and local ordinances may proceed by filing an application under this chapter and
31
a request for a modification to the zoning enforcement officer. If
such modification is

any
32
modifications are
granted, the application shall then proceed to be reviewed by the administrative
33
officer pursuant to the applicable requirements of this section. If the modification is denied or an
34
objection is received as set forth in § 45-24-46, such application shall proceed under unified

LC005900 - Page 13 of 51
1
development review pursuant to § 45-23-50.1.
2
(ii) Applications under this section that require relief from the literal provisions of the
3
zoning ordinance in the form of a variance or special-use permit, shall be reviewed by the planning
4
board under unified development review pursuant to § 45-23-50.1, and a request for review shall
5
accompany the preliminary plan application.
6
(iii) Any application involving a street creation or extension shall be reviewed by the
7
planning board and require a public hearing.
8
(2)
Other applications.
The administrative officer shall review and grant, grant with
9
conditions, or deny all other applications under this section and may grant waivers of design
10
standards as set forth in the local regulations and zoning ordinance. The administrative officer may
11
utilize the technical review committee for initial review and recommendation. The local regulations
12
shall specifically list what limited waivers an administrative officer is authorized to grant as part of
13
their review.
14
(3)
Review stages.
Minor plan review consists of two (2) stages, preliminary and final;
15
provided, that unless otherwise set forth in this section, if a street creation or extension is involved,
16
or a request for variances and/or special-use permits is submitted, pursuant to the regulation’s
17
unified development review provisions, a public hearing is required before the planning board. The
18
administrative officer may combine the approval stages, providing requirements for both stages are
19
met by the applicant to the satisfaction of the administrative officer.
20
(b)
Submission requirements.
Any applicant requesting approval of a proposed, minor
21
subdivision or minor land development, as defined in this chapter, shall submit to the administrative
22
officer the items required by the local regulations
, except that an applicant must provide at final
23
plan submission, copies of all legal documents describing the property, proposed easements, and
24
rights-of-way and all permits required by state or federal agencies, including permits related to
25
freshwater wetlands, the coastal zone, floodplains, preliminary suitability for individual septic
26
disposal systems, public water systems, and connections to state roads
.
For a state permit from the
27
department of transportation, a letter evidencing the issuance of such a permit upon the submission
28
of a bond and insurance is sufficient, but such actual permit shall be required prior to the issuance
29
of a building permit.
30
(c)
Certification.
For each applicable stage of review, the application shall be certified, in
31
writing, complete or incomplete by the administrative officer within twenty-five (25) days of the
32
submission so long as a completed checklist of the requirements for submission is provided as part
33
of the submission. If an applicant also submits for a modification to the zoning enforcement officer,
34
the running of the time period set forth herein will not begin until the decision on
the

any

LC005900 - Page 14 of 51
1
modification is made as set forth in § 45-24-46. Such certification shall be made in accordance with
2
the provisions of § 45-23-36(c). If no street creation or extension is required, and/or unified
3
development review is not requested, and a completed checklist of the requirements for submission
4
is provided as part of the submission, such application shall be certified, in writing, complete or
5
incomplete by the administrative officer within fifteen (15) days according to the provisions of §
6
45-23-36(c). The running of the time period set forth in this section will be deemed stopped upon
7
the issuance of a certificate of incompleteness of the application by the administrative officer and
8
will recommence upon the resubmission of a corrected application by the applicant. However, in
9
no event will the administrative officer be required to certify a corrected submission as complete
10
or incomplete less than ten (10) days after its resubmission.
11
(d)
Decision on preliminary plan.
If no street creation or extension, variance, or special
12
use permits are required, the administrative officer will approve, deny, or approve with conditions,
13
the preliminary plan within
sixty-five (65)

forty-five (45)
days of certification of completeness, or
14
within any further time that is agreed to by the applicant and the administrative officer, according
15
to the requirements of §§ 45-23-60 and 45-23-63. If a street extension or creation is required, or
16
the application is reviewed under the unified development review or the application seeks waivers
17
from design standards and/or requirements of the land development and subdivision regulations
18
that are beyond the authority of the administrative officer to grant, the planning board will hold a
19
public hearing prior to approval according to the requirements in § 45-23-42 and will approve,
20
deny, or approve with conditions, the preliminary plan within
ninety-five (95)

sixty-five (65)
days
21
of certification of completeness, or within any specified time that is agreed to by the applicant and
22
the board, according to the requirements of §§ 45-23-60 and 45-23-63.
23
(e)
Failure to act.
Failure of the planning board or administrative officer to act within the
24
period prescribed constitutes approval of the pending stage of review, and a certificate of the
25
administrative officer as to the failure to act within the required time and the resulting approval will
26
be issued on request of the applicant.
27
(f)
Re-assignment to major review.
The planning board may re-assign a proposed minor
28
project to major review only when the planning board is unable to make the positive findings
29
required in § 45-23-60.
30
(g)
Final plan.
Final plans shall be reviewed and approved by either the administrative
31
officer or technical review committee. The officer or committee will report its actions, in writing
32
to the planning board at its next regular meeting, to be made part of the record. The administrative
33
officer or technical review committee shall approve, deny, approve with conditions, or refer the
34
application to the planning board based upon a finding that there is a major change within twenty-

LC005900 - Page 15 of 51
1
five (25) days of the certificate of completeness.
2
(h)
Modifications and changes to plans.
3
(1) Minor changes, as defined in the local regulations, to the plans approved at any stage
4
may be approved administratively, by the administrative officer. The changes may be authorized
5
without an additional public hearing. All changes shall be made part of the permanent record of the
6
project application. This provision does not prohibit the administrative officer from requesting
7
recommendation from either the technical review committee or the permitting authority if the
8
permitting authority is not the administrative officer. Denial of the proposed change(s) shall be
9
referred to the applicable permitting authority for review as a major change.
10
(2) Major changes, as defined in the local regulations, to the plans approved at any stage
11
may be approved only by the applicable permitting authority and must follow the same review and
12
hearing process required for approval of preliminary plans, which shall include a public hearing if
13
originally required as part of the application.
14
(3) The administrative officer shall notify the applicant in writing within fourteen (14) days
15
of submission of the written request for a change if the administrative officer determines the change
16
to be a major change.
17
(i)
Appeal.
Decisions under this section shall be considered an appealable decision
18
pursuant to § 45-23-71.
19
(j)
Expiration of approvals.
Approvals of a minor land development or subdivision plan
20
expire one year from the date of approval unless, within that period, a plat or plan, in conformity
21
with approval, and as defined in this act, is submitted for signature and recording as specified in §
22
45-23-64. Validity may be extended for a longer period, for cause shown, if requested by the
23
applicant in writing, and approved by the planning board.
24

45-23-60. Procedure — Required findings.
25
(a) Except as set forth in this section, all local regulations shall require that for all
26
administrative,
minor
,
and major development applications the approving authorities responsible
27
for land development and subdivision review and approval shall make positive findings on the
28
following standard provisions, as part of the proposed project’s record prior to approval:
29
(1) The proposed development is consistent with the comprehensive community plan
30
and/or has satisfactorily addressed the issues where there may be inconsistencies;
31
(2) The proposed development is in compliance with the standards and provisions of the
32
municipality’s zoning ordinance or has obtained relief from the same, or another provision of this
33
chapter that exempts compliance with a specific provision or standard;
34
(3) There will be no significant negative environmental impacts from the proposed

LC005900 - Page 16 of 51
1
development as shown on the final plan, with all required conditions for approval;
2
(4) The subdivision, as proposed, will not result in the creation of individual lots with any
3
physical constraints to development that building on those lots according to pertinent regulations
4
and building standards would be impracticable.
(See definition of Buildable lot).
Lots with physical
5
constraints to development may be created only if identified as permanent open space or
6
permanently reserved for a public purpose on the approved, recorded plans; and
7
(5) All proposed land developments and all subdivision lots have adequate physical and
8
permanent physical access to a public street unless there are local zoning ordinance provisions
9
allowing exceptions to this requirement or the applicant has obtained the required relief from this
10
provision.
11
(b) Except for administrative subdivisions, findings of fact must be supported by legally
12
competent evidence on the record which discloses the nature and character of the observations upon
13
which the fact finders acted.
14
(c) Minor subdivisions subject to administrative review and approval only, as set forth in
15
§ 45-23-38(a)(2) shall only be subject to the standard provisions set forth in subsections
(a)(1),

16
(a)(2),
(a)(4),
and (a)(5) of this section.
17

(d) Administrative subdivisions shall only be subject to the following standard provisions:
18

(1) That the application does not create additional lots;
19

(2) That the moving of lot lines does not increase any pre-existing dimensional
20
nonconformity or create a new nonconformity;
21

(3) That the application does not remove any pre-existing adequate physical or permanent
22
access to a street.
23

45-23-71. Appeals to the superior court.
24
(a) An aggrieved party may appeal a decision of the board of appeal; a decision of an
25
administrative officer made pursuant to
§

§§ 45-23-37,
45-23-38 or
§
45-23-50 where authorized
26
to approve or deny an application; a decision of the technical review committee where authorized
27
to approve or deny an application; or a decision of the planning board, to the superior court for the
28
county in which the municipality is situated by filing a complaint stating the reasons for the appeal
29
within twenty (20) days after the decision has been recorded and posted in the office of the city or
30
town clerk. Recommendations by any public body or officer under this chapter are not appealable
31
under this section. The authorized permitting authority shall file the original documents acted upon
32
by it and constituting the record of the case appealed from, or certified copies of the original
33
documents, together with any other facts that may be pertinent, with the clerk of the court within
34
thirty (30) days after being served with a copy of the complaint. When the complaint is filed by

LC005900 - Page 17 of 51
1
someone other than the original applicant or appellant, the original applicant or appellant and the
2
permitting authority shall be made parties to the proceedings. No responsive pleading is required
3
for an appeal filed pursuant to this section. The appeal does not stay proceedings upon the decision
4
appealed from, but the court may, in its discretion, grant a stay on appropriate terms and make any
5
other orders that it deems necessary for an equitable disposition of the appeal.
6
(b) Appeals from a decision granting or denying approval of a final plan shall be limited to
7
elements of the approval or disapproval not contained in the decision reached by the planning board
8
at the preliminary stage; provided that, a public hearing has been held on the plan, if required
9
pursuant to this chapter.
10
(c) The review shall be conducted by the superior court without a jury. The court shall
11
consider the record before the board of appeal or permitting authority, as applicable and, if it
12
appears to the court that additional evidence is necessary for the proper disposition of the matter, it
13
may allow any party to the appeal to present evidence in open court, which evidence, along with
14
the report, shall constitute the record upon which the determination of the court shall be made.
15
(d) The court shall not substitute its judgment for that of the board of appeal or permitting
16
authority as applicable as to the weight of the evidence on questions of fact. The court may affirm
17
the decision of the board of appeal or permitting authority, as applicable or remand the case for
18
further proceedings, or may reverse or modify the decision if substantial rights of the appellant
19
have been prejudiced because of findings, inferences, conclusions, or decisions that are:
20
(1) In violation of constitutional, statutory, ordinance, or planning board regulations
21
provisions;
22
(2) In excess of the authority granted to the planning board by statute or ordinance;
23
(3) Made upon unlawful procedure;
24
(4) Affected by other error of law;
25
(5) Clearly erroneous in view of the reliable, probative, and substantial evidence of the
26
whole record; or
27
(6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted
28
exercise of discretion.
29
SECTION 3. Sections 45-24-31, 45-24-38, 45-24-41, 45-24-43, 45-24-46, 45-24-47 and
30
45-24-54 of the General Laws in Chapter 45-24 entitled "Zoning Ordinances" are hereby amended
31
to read as follows:
32

45-24-31. Definitions. [Effective January 1, 2026.]
33
Where words or terms used in this chapter are defined in § 45-22.2-4 or § 45-23-32, they
34
have the meanings stated in that section. In addition, the following words have the following

LC005900 - Page 18 of 51
1
meanings. Additional words and phrases may be used in developing local ordinances under this
2
chapter; however, the words and phrases defined in this section are controlling in all local
3
ordinances created under this chapter:
4
(1)
Abutter
. One whose property abuts, that is, adjoins at a border, boundary, or point with
5
no intervening land.
6
(2)
Accessory dwelling unit (ADU).
A residential living unit on the same lot where the
7
principal use is a legally established single-family dwelling unit or multi-family dwelling unit. An
8
ADU provides complete independent living facilities for one or more persons. It may take various
9
forms including, but not limited to: a detached unit; a unit that is part of an accessory structure,
10
such as a detached garage; or a unit that is part of an expanded or remodeled primary dwelling.
11
(3)
Accessory use
. A use of land or of a building, or portion thereof, customarily incidental
12
and subordinate to the principal use of the land or building. An accessory use may be restricted to
13
the same lot as the principal use. An accessory use shall not be permitted without the principal use
14
to which it is related.
15
(4)
Adaptive reuse.
“Adaptive reuse,” as defined in § 42-64.22-2.
16
(5)
Aggrieved party.
An aggrieved party, for purposes of this chapter, shall be:
17
(i) Any person, or persons, or entity, or entities, who or that can demonstrate that their
18
property will be injured by a decision of any officer or agency responsible for administering the
19
zoning ordinance of a city or town; or
20
(ii) Anyone requiring notice pursuant to this chapter.
21
(6)
Agricultural land.
“Agricultural land,” as defined in § 45-22.2-4.
22
(7)
Airport hazard area.
“Airport hazard area,” as defined in § 1-3-2.
23
(8)
Applicant.
An owner, or authorized agent of the owner, submitting an application or
24
appealing an action of any official, board, or agency.
25
(9)
Application.
The completed form, or forms, and all accompanying documents,
26
exhibits, and fees required of an applicant by an approving authority for development review,
27
approval, or permitting purposes.
28
(10)
Buffer.
Land that is maintained in either a natural or landscaped state, and is used to
29
screen or mitigate the impacts of development on surrounding areas, properties, or rights-of-way.
30
(11)
Building.
Any structure used or intended for supporting or sheltering any use or
31
occupancy.
32
(12)
Building envelope.
The three-dimensional space within which a structure is permitted
33
to be built on a lot and that is defined by regulations governing building setbacks, maximum height,
34
and bulk; by other regulations; or by any combination thereof.

LC005900 - Page 19 of 51
1
(13)
Building height.
For a vacant parcel of land, building height shall be measured from
2
the average, existing-grade elevation where the foundation of the structure is proposed. For an
3
existing structure, building height shall be measured from average grade taken from the outermost
4
four (4) corners of the existing foundation. In all cases, building height shall be measured to the top
5
of the highest point of the existing or proposed roof or structure. This distance shall exclude spires,
6
chimneys, flag poles, and the like. For any property or structure located in a special flood hazard
7
area, as shown on the official FEMA Flood Insurance Rate Maps (FIRMs), or depicted on the
8
Rhode Island coastal resources management council (CRMC) suggested design elevation three foot
9
(3′) sea level rise (CRMC SDE 3 SLR) map as being inundated during a one-hundred-year (100)
10
storm, the greater of the following amounts, expressed in feet, shall be excluded from the building
11
height calculation:
12
(i) The base flood elevation on the FEMA FIRM plus up to five feet (5′) of any utilized or
13
proposed freeboard, less the average existing grade elevation; or
14
(ii) The suggested design elevation as depicted on the CRMC SDE 3 SLR map during a
15
one-hundred-year (100) storm, less the average existing grade elevation. CRMC shall reevaluate
16
the appropriate suggested design elevation map for the exclusion every ten (10) years, or as
17
otherwise necessary.
18
(14)
Cluster.
A site-planning technique that concentrates buildings in specific areas on the
19
site to allow the remaining land to be used for recreation, common open space, and/or preservation
20
of environmentally, historically, culturally, or other sensitive features and/or structures. The
21
techniques used to concentrate buildings shall be specified in the ordinance and may include, but
22
are not limited to, reduction in lot areas, setback requirements, and/or bulk requirements, with the
23
resultant open land being devoted by deed restrictions for one or more uses. Under cluster
24
development, there is no increase in the number of lots that would be permitted under conventional
25
development except where ordinance provisions include incentive bonuses for certain types or
26
conditions of development.
27
(15)
Co-living housing.
A specific residential development with units which provide living
28
and sleeping space which are independently rented and lockable for the exclusive use of an
29
occupant, but require the occupant to share sanitary and/or food preparation facilities with the other
30
units in the occupancy. This section shall not be read to allow the conversion of existing dwelling
31
units into co-living housing unless authorized by a local zoning ordinance
or allowed pursuant to §
32
45-24-37
.
33
(16)
Common ownership.
Either:
34
(i) Ownership by one or more individuals or entities in any form of ownership of two (2)

LC005900 - Page 20 of 51
1
or more contiguous lots; or
2
(ii) Ownership by any association (ownership may also include a municipality) of one or
3
more lots under specific development techniques.
4
(17)
Community residence
. A home or residential facility where children and/or adults
5
reside in a family setting and may or may not receive supervised care. This does not include halfway
6
houses or substance-use-disorder-treatment facilities. This does include, but is not limited to, the
7
following:
8
(i) Whenever six (6) or fewer children or adults with intellectual and/or developmental
9
disability reside in any type of residence in the community, as licensed by the state pursuant to
10
chapter 24 of title 40.1. All requirements pertaining to local zoning are waived for these community
11
residences;
12
(ii) A group home providing care or supervision, or both, to not more than eight (8) persons
13
with disabilities, and licensed by the state pursuant to chapter 24 of title 40.1;
14
(iii) A residence for children providing care or supervision, or both, to not more than eight
15
(8) children, including those of the caregiver, and licensed by the state pursuant to chapter 72.1 of
16
title 42;
17
(iv) A community transitional residence providing care or assistance, or both, to no more
18
than six (6) unrelated persons or no more than three (3) families, not to exceed a total of eight (8)
19
persons, requiring temporary financial assistance, and/or to persons who are victims of crimes,
20
abuse, or neglect, and who are expected to reside in that residence not less than sixty (60) days nor
21
more than two (2) years. Residents will have access to, and use of, all common areas, including
22
eating areas and living rooms, and will receive appropriate social services for the purpose of
23
fostering independence, self-sufficiency, and eventual transition to a permanent living situation.
24
(18)
Comprehensive plan.
The comprehensive plan adopted and approved pursuant to
25
chapter 22.2 of this title and to which any zoning adopted pursuant to this chapter shall be in
26
compliance.
27
(19)
Day care — Daycare center.
Any other daycare center that is not a family daycare
28
home.
29
(20)
Day care — Family daycare home.
Any home, other than the individual’s home, in
30
which day care in lieu of parental care or supervision is offered at the same time to six (6) or less
31
individuals who are not relatives of the caregiver, but may not contain more than a total of eight
32
(8) individuals receiving day care.
33
(21)
Density, residential.
The number of dwelling units per unit of land.
34
(22)
Development.
The construction, reconstruction, conversion, structural alteration,

LC005900 - Page 21 of 51
1
relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance;
2
or any change in use, or alteration or extension of the use, of land.
3
(23)
Development plan review.
See §§ 45-23-32 and 45-23-50.
4
(24)
District.
See “zoning use district.”
5
(25)
Drainage system.
A system for the removal of water from land by drains, grading, or
6
other appropriate means. These techniques may include runoff controls to minimize erosion and
7
sedimentation during and after construction or development; the means for preserving surface and
8
groundwaters; and the prevention and/or alleviation of flooding.
9
(26)
Dwelling unit.
A structure, or portion of a structure, providing complete, independent
10
living facilities for one or more persons, including permanent provisions for living, sleeping, eating,
11
cooking, and sanitation, and containing a separate means of ingress and egress.
12
(27)
Extractive industry.
The extraction of minerals, including: solids, such as coal and
13
ores; liquids, such as crude petroleum; and gases, such as natural gases. The term also includes
14
quarrying; well operation; milling, such as crushing, screening, washing, and flotation; and other
15
preparation customarily done at the extraction site or as a part of the extractive activity.
16
(28)
Family member.
A person, or persons, related by blood, marriage, or other legal
17
means, including, but not limited to, a child, parent, spouse, mother-in-law, father-in-law,
18
grandparents, grandchildren, domestic partner, sibling, care recipient, or member of the household.
19
(29)
Floating zone.
An unmapped zoning district adopted within the ordinance that is
20
established on the zoning map is effective only when an application for development, meeting the
21
zone requirements, is approved and the approved plan is recorded.
22
(30)
Floodplains, or Flood hazard area.
As defined in § 45-22.2-4.
23
(31)
Freeboard.
A factor of safety expressed in feet above the base flood elevation of a
24
flood hazard area for purposes of floodplain management. Freeboard compensates for the many
25
unknown factors that could contribute to flood heights, such as wave action, bridge openings, and
26
the hydrological effect of urbanization of the watershed.
27
(32)
Groundwater.
“Groundwater” and associated terms, as defined in § 46-13.1-3.
28
(33)
Halfway house.
A residential facility for adults or children who have been
29
institutionalized for criminal conduct and who require a group setting to facilitate the transition to
30
a functional member of society.
31
(34)
Hardship.
See § 45-24-41.
32
(35)
Historic district or historic site.
As defined in § 45-22.2-4.
33
(36)
Home occupation.
Any activity customarily carried out for gain by a resident,
34
conducted as an accessory use in the resident’s dwelling unit. For the purposes of this chapter,

LC005900 - Page 22 of 51
1
home occupation does not include remote work activities as defined in § 45-24-37.
2
(37)
Household.
One or more persons living together in a single-dwelling unit, with
3
common access to, and common use of, all living and eating areas and all areas and facilities for
4
the preparation and storage of food within the dwelling unit. The term “household unit” is
5
synonymous with the term “dwelling unit” for determining the number of units allowed within any
6
structure on any lot in a zoning district. An individual household shall consist of any one of the
7
following:
8
(i) A family, which may also include servants and employees living with the family; or
9
(ii) A person or group of unrelated persons living together. The maximum number may be
10
set by local ordinance, but this maximum shall not be less than one person per bedroom and shall
11
not exceed five (5) unrelated persons per dwelling. The maximum number shall not apply to
12
NARR-certified recovery residences.
13
(38)
Incentive zoning.
The process whereby the local authority may grant additional
14
development capacity in exchange for the developer’s provision of a public benefit or amenity as
15
specified in local ordinances.
16
(39)
Infrastructure.
Facilities and services needed to sustain residential, commercial,
17
industrial, institutional, and other activities.
18
(40)
Land development project.
As defined in § 45-23-32.
19
(41)
Lot.
Either:
20
(i) The basic development unit for determination of lot area, depth, and other dimensional
21
regulations; or
22
(ii) A parcel of land whose boundaries have been established by some legal instrument,
23
such as a recorded deed or recorded map, and that is recognized as a separate legal entity for
24
purposes of transfer of title.
25
(42)
Lot area.
The total area within the boundaries of a lot, excluding any street right-of-
26
way, usually reported in acres or square feet.
27
(43)
Lot area, minimum.
The smallest land area established by the local zoning ordinance
28
upon which a use, building, or structure may be located in a particular zoning district.
29
(44)
Lot building coverage.
That portion of the lot that is, or may be, covered by buildings
30
and accessory buildings.
31
(45)
Lot depth.
The distance measured from the front lot line to the rear lot line. For lots
32
where the front and rear lot lines are not parallel, the lot depth is an average of the depth.
33
(46)
Lot frontage.
That portion of a lot abutting a street. A zoning ordinance shall specify
34
how noncontiguous frontage will be considered with regard to minimum frontage requirements.

LC005900 - Page 23 of 51
1
(47)
Lot line.
A line of record, bounding a lot, that divides one lot from another lot or from
2
a public or private street or any other public or private space and shall include:
3
(i) Front: the lot line separating a lot from a street right-of-way. A zoning ordinance shall
4
specify the method to be used to determine the front lot line on lots fronting on more than one
5
street, for example, corner and through lots;
6
(ii) Rear: the lot line opposite and most distant from the front lot line, or in the case of
7
triangular or otherwise irregularly shaped lots, an assumed line at least ten feet (10′) in length
8
entirely within the lot, parallel to and at a maximum distance from, the front lot line; and
9
(iii) Side: any lot line other than a front or rear lot line. On a corner lot, a side lot line may
10
be a street lot line, depending on requirements of the local zoning ordinance.
11
(48)
Lot size, minimum.
Shall have the same meaning as “minimum lot area” defined
12
herein.
13
(49)
Lot, through.
A lot that fronts upon two (2) parallel streets, or that fronts upon two
14
(2) streets that do not intersect at the boundaries of the lot.
15
(50)
Lot width
. The horizontal distance between the side lines of a lot measured at right
16
angles to its depth along a straight line parallel to the front lot line at the minimum front setback
17
line.
18
(51)
Manufactured home.
As used in this section, a manufactured home shall have the
19
same definition as in 42 U.S.C. § 5402, meaning a structure, transportable in one or more sections,
20
which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more
21
in length, or, when erected on site, is three hundred twenty (320) or more square feet, and which is
22
built on a permanent chassis and designed to be used as a dwelling with a permanent foundation
23
connected to the required utilities, and includes the plumbing, heating, air-conditioning, and
24
electrical systems contained therein; except that such term shall include any structure that meets all
25
the requirements of this definition except the size requirements and with respect to which the
26
manufacturer voluntarily files a certification required by the United States Secretary of Housing
27
and Urban Development and complies with the standards established under chapter 70 of Title 42
28
of the United States Code; and except that such term shall not include any self-propelled
29
recreational vehicle.
30
(52)
Mere inconvenience.
See § 45-24-41.
31
(53)
Mixed use.
A mixture of land uses within a single development, building, or tract.
32
(54)
Modification.
Permission granted and administered by the zoning enforcement officer
33
of the city or town, and pursuant to the provisions of this chapter to grant dimensional relief from
34
the zoning ordinance to a limited degree as determined by the zoning ordinance of the city or town,

LC005900 - Page 24 of 51
1
but not to exceed twenty-five percent (25%) of each of the applicable dimensional requirements,
2
except as set forth in § 45-24-46(c).
3
(55)
Nonconformance.
A building, structure, or parcel of land, or use thereof, lawfully
4
existing at the time of the adoption or amendment of a zoning ordinance and not in conformity with
5
the provisions of that ordinance or amendment. Nonconformance is of only two (2) types:
6
(i) Nonconforming by use: a lawfully established use of land, building, or structure that is
7
not a permitted use in that zoning district. A building or structure containing more dwelling units
8
than are permitted by the use regulations of a zoning ordinance is nonconformity by use; or
9
(ii) Nonconforming by dimension: a building, structure, or parcel of land not in compliance
10
with the dimensional regulations of the zoning ordinance. Dimensional regulations include all
11
regulations of the zoning ordinance, other than those pertaining to the permitted uses. A building
12
or structure containing more dwelling units than are permitted by the use regulations of a zoning
13
ordinance is nonconforming by use; a building or structure containing a permitted number of
14
dwelling units by the use regulations of the zoning ordinance, but not meeting the lot area per
15
dwelling unit regulations, is nonconforming by dimension.
16
(56)
Overlay district.
A district established in a zoning ordinance that is superimposed on
17
one or more districts or parts of districts. The standards and requirements associated with an overlay
18
district may be more or less restrictive than those in the underlying districts consistent with other
19
applicable state and federal laws.
20
(57)
Performance standards.
A set of criteria or limits relating to elements that a
21
particular use or process must either meet or may not exceed.
22
(58)
Permitted use.
A use by right that is specifically authorized in a particular zoning
23
district.
24
(59)
Planned development.
A “land development project,” as defined in subsection (39),
25
and developed according to plan as a single entity and containing one or more structures or uses
26
with appurtenant common areas.
27
(60)
Plant agriculture.
The growing of plants for food or fiber, to sell or consume.
28
(61)
Preapplication conference.
A review meeting of a proposed development held
29
between applicants and reviewing agencies as permitted by law and municipal ordinance, before
30
formal submission of an application for a permit or for development approval.
31
(62)
Setback line or lines
. A line, or lines, parallel to a lot line at the minimum distance
32
of the required setback for the zoning district in which the lot is located that establishes the area
33
within which the principal structure must be erected or placed.
34
(63)
Site plan.
The development plan for one or more lots on which is shown the existing

LC005900 - Page 25 of 51
1
and/or the proposed conditions of the lot.
2
(64)
Slope of land.
The grade, pitch, rise, or incline of the topographic landform or surface
3
of the ground.
4
(65)
Special use.
A regulated use that is permitted pursuant to the special-use permit issued
5
by the authorized governmental entity, pursuant to § 45-24-42. Formerly referred to as a special
6
exception.
7
(66)
Structure.
A combination of materials to form a construction for use, occupancy, or
8
ornamentation, whether installed on, above, or below the surface of land or water.
9
(67)
Substandard lot of record.
Any lot lawfully existing at the time of adoption or
10
amendment of a zoning ordinance
, or at the time it was lawfully created,
and not in conformance
11
with the dimensional or area provisions of that ordinance.
12
(68)
Use.
The purpose or activity for which land or buildings are designed, arranged, or
13
intended, or for which land or buildings are occupied or maintained.
14
(69)
Variance.
Permission to depart from the literal requirements of a zoning ordinance.
15
An authorization for the construction or maintenance of a building or structure, or for the
16
establishment or maintenance of a use of land, that is prohibited by a zoning ordinance. There are
17
only two (2) categories of variance, a use variance or a dimensional variance.
18
(i) Use variance. Permission to depart from the use requirements of a zoning ordinance
19
where the applicant for the requested variance has shown by evidence upon the record that the
20
subject land or structure cannot yield any beneficial use if it is to conform to the provisions of the
21
zoning ordinance.
22
(ii) Dimensional variance. Permission to depart from the dimensional requirements of a
23
zoning ordinance under the applicable standards set forth in § 45-24-41.
24
(70)
Waters.
As defined in § 46-12-1(23).
25
(71)
Wetland, coastal.
As defined in § 45-22.2-4.
26
(72)
Wetland, freshwater.
As defined in § 2-1-20.
27
(73)
Zoning certificate.
A document signed by the zoning enforcement officer, as required
28
in the zoning ordinance, that acknowledges that a use, structure, building, or lot either complies
29
with, or is legally nonconforming to, the provisions of the municipal zoning ordinance or is an
30
authorized variance or modification therefrom.
31
(74)
Zoning map.
The map, or maps, that are a part of the zoning ordinance and that
32
delineate the boundaries of all mapped zoning districts within the physical boundary of the city or
33
town.
34
(75)
Zoning ordinance.
An ordinance enacted by the legislative body of the city or town

LC005900 - Page 26 of 51
1
pursuant to this chapter and in the manner providing for the adoption of ordinances in the city or
2
town’s legislative or home rule charter, if any, that establish regulations and standards relating to
3
the nature and extent of uses of land and structures; that is consistent with the comprehensive plan
4
of the city or town as defined in chapter 22.2 of this title; that includes a zoning map; and that
5
complies with the provisions of this chapter.
6
(76)
Zoning use district.
The basic unit in zoning, either mapped or unmapped, to which
7
a uniform set of regulations applies, or a uniform set of regulations for a specified use. Zoning use
8
districts include, but are not limited to: agricultural, commercial, industrial, institutional, open
9
space, and residential. Each district may include sub-districts. Districts may be combined.
10

45-24-38. General provisions — Substandard lots of record.
11
(a) Any city or town adopting or amending a zoning ordinance under this chapter shall
12
regulate the development of any single substandard lot of record or contiguous lots of record
at the
13
effective date of adoption or amendment of the zoning ordinance
.
14
(b) Notwithstanding the failure of that lot or those lots to meet the dimensional and/or
15
quantitative requirements, and/or road frontage or other access requirements, applicable in the
16
district as stated in the ordinance, a substandard lot of record shall not be required to seek any
17
zoning relief based solely on the failure to meet minimum requirements for lot size, lot frontage,
18
lot width, or lot depth of the district in which such lot is located. For any structure proposed under
19
this section on a substandard lot of record, the following dimensional regulations shall apply:
20
(1) Minimum building setbacks, lot frontage, and lot width requirements for a lot that is
21
nonconforming in area shall be reduced by the same proportion that the area of such substandard
22
lot meets the minimum lot area of the district in which the lot is located. By way of example, if the
23
lot area of a substandard lot only meets forty percent (40%) of the minimum lot area required in
24
the district in which it is located, the setbacks, lot frontage, and lot width shall each be reduced to
25
forty percent (40%) of the requirements for those dimensional standards in the same district.
26
However, to the extent the city or town has a zoning district in which the lot would be conforming
27
as to size, the city or town may require compliance with the building setback, lot frontage, and lot
28
width requirements for said zoning district if such requirement is in the local zoning ordinance.
29
(2) Maximum lot building coverage for lots that are nonconforming in area shall be
30
increased by the inverse proportion that the area of such substandard lot meets the minimum area
31
requirements in the district in which the lot is located. By way of example, if the lot area of a
32
substandard lot only meets forty percent (40%) of the required minimum lot area, the maximum lot
33
building coverage is allowed to increase by sixty percent (60%) over the maximum permitted lot
34
building coverage in that district.

LC005900 - Page 27 of 51
1
All proposals exceeding such reduced requirement shall proceed with a modification
2
request under § 45-24-46 or a dimensional variance request under § 45-24-41, whichever is
3
applicable.
4
(c) Except as set forth otherwise in this chapter and in chapter 23 of this title, provisions
5
may be made for the merger of contiguous unimproved, or improved and unimproved, substandard
6
lots of record in the same ownership to create dimensionally conforming lots or to reduce the extent
7
of dimensional nonconformance. The ordinance shall specify the standards, on a district by district
8
basis, which determine the mergers. The standards shall include, but are not to be limited to, the
9
availability of infrastructure, the character of the neighborhood, and the consistency with the
10
comprehensive plan. The merger of lots shall not be required when the substandard lot of record
11
has an area equal to or greater than the area of fifty percent (50%) of the lots
of record located

12
within two hundred feet (200′) of the subject lot,
unless such lots have been formally merged by
13
way of a recorded plan or plat,
as confirmed by a compilation plan signed by a professional land
14
surveyor as such term is defined by the rules and regulations for professional land surveying.
15

45-24-41. General provisions — Variances.
16
(a) An application for relief from the literal requirements of a zoning ordinance because of
17
hardship may be made by any person, group, agency, or corporation by filing with the zoning
18
enforcement officer or agency an application describing the request and supported by any data and
19
evidence as may be required by the zoning board of review or by the terms of the ordinance. The
20
zoning enforcement officer or agency shall immediately transmit each application received to the
21
zoning board of review and a copy of each application to the planning board or commission.
22
(b) A zoning ordinance shall provide that the zoning board of review, immediately upon
23
receipt of an application for a variance in the application of the literal terms of the zoning ordinance,
24
may request that the planning board or commission and/or staff report its findings and
25
recommendations, including a statement on the general consistency of the application with the
26
goals and purposes of the comprehensive plan of the city or town, in writing, to the zoning board
27
of review within thirty (30) days of receipt of the application from that board. The zoning board
28
shall hold a public hearing on any application for variance in an expeditious manner, after receipt,
29
in proper form, of an application, and shall give public notice at least fourteen (14) days prior to
30
the date of the hearing in a newspaper of local circulation in the city or town. Notice of hearing
31
shall be sent by first-class mail to the applicant, and to at least all those who would require notice
32
under § 45-24-53. The notice shall also include the street address of the subject property. A zoning
33
ordinance may require that a supplemental notice, that an application for a variance is under
34
consideration, be posted at the location in question. The posting is for information purposes only

LC005900 - Page 28 of 51
1
and does not constitute required notice of a public hearing. The same notice shall be posted in the
2
town or city clerk’s office and one other municipal building in the municipality and the municipality
3
must make the notice accessible on the municipal home page of its website at least fourteen (14)
4
days prior to the hearing. For any notice sent by first-class mail, the sender of the notice shall submit
5
a notarized affidavit to attest to such mailing. The cost of newspaper and mailing notification shall
6
be borne by the applicant.
7
(c) A zoning ordinance may provide for unified development review, pursuant to § 45-24-
8
46.4. Requests for dimensional and use variances submitted under a unified development review
9
provision of a zoning ordinance shall be submitted as part of the subdivision or land development
10
application to the administrative officer of the planning board or commission, pursuant to § 45-24-
11
46.4(a). All subdivision or land development applications submitted under the unified development
12
review provisions of a zoning ordinance shall have a public hearing, which shall meet the
13
requirements of § 45-23-50.1(d).
14
(d) In granting a variance, the zoning board of review, or, where unified development
15
review is enabled pursuant to § 45-24-46.4, the planning board or commission, shall require that
16
evidence to the satisfaction of the following standards is entered into the record of the proceedings:
17
(1) That the hardship from which the applicant seeks relief is due to the unique
18
characteristics of the subject land or structure and not to the general characteristics of the
19
surrounding area; and is not due to a physical or economic disability of the applicant, excepting
20
those physical disabilities addressed in § 45-24-30(a)(16);
21
(2) That the hardship is not the result of any prior action of the applicant; and
22
(3) That the granting of the
relief
requested
variance
will not alter the general character of
23
the surrounding area or impair the intent or purpose of the zoning ordinance or the comprehensive
24
plan upon which the ordinance is based.
25
(4) [Deleted by P.L. 2023, ch. 304, § 1 and P.L. 2023, ch. 305, § 1.]
26
(e) The zoning board of review, or, where unified development review is enabled pursuant
27
to § 45-24-46.4, the planning board or commission, shall, in addition to the above standards, require
28
that evidence is entered into the record of the proceedings showing that:
29
(1) In granting a use variance, the subject land or structure cannot yield any beneficial use
30
if it is required to conform to the provisions of the zoning ordinance. Nonconforming use of
31
neighboring land or structures in the same district and permitted use of lands or structures in an
32
adjacent district shall not be considered in granting a use variance; and
33
(2) In granting a dimensional variance, that the hardship suffered by the owner of the
34
subject property if the dimensional variance is not granted amounts to more than a mere

LC005900 - Page 29 of 51
1
inconvenience, meaning that relief sought is minimal to a reasonable enjoyment of the permitted
2
use to which the property is proposed to be devoted. The fact that a use may be more profitable or
3
that a structure may be more valuable after the relief is granted is not grounds for relief. The zoning
4
board of review, or, where unified development review is enabled pursuant to § 45-24-46.4, the
5
planning board or commission has the power to grant dimensional variances where the use is
6
permitted by special-use permit.
7

45-24-43. General provisions — Special conditions.
8
In granting a variance or in making any determination
upon which it is required to pass
9
after a public hearing under a zoning ordinance

on appeal taken pursuant to § 45-24-64
, the zoning
10
board of review or other zoning enforcement agency may apply the special conditions that may, in
11
the opinion of the board or agency, be required to promote the intent and purposes of the
12
comprehensive plan and the zoning ordinance of the city or town. Failure to abide by any special
13
conditions attached to a grant constitutes a zoning violation. Those special conditions shall be based
14
on competent credible evidence on the record, be incorporated into the decision, and may include
,
15
but are not limited to,
provisions for:
16
(1)
For a use variance only:
Minimizing the adverse impact of the development upon other
17
land, including the type, intensity, design, and performance of activities;
18
(2) Controlling the sequence of development, including when it must be commenced and
19
completed;
20
(3) Controlling the duration of use or development and the time within which any
21
temporary structure must be removed;
22
(4) Assuring satisfactory installation and maintenance of required public improvements;
23
and
24

(5) Designating the exact location and nature of development; and
25

(6)
(5)
Establishing detailed records by submission of drawings, maps, plats, or
26
specifications.
27

45-24-46. Special provisions — Modification.
28
(a) A zoning ordinance shall provide for the issuance of modifications from the literal
29
dimensional requirements of the zoning ordinance in the instance of the construction, alteration, or
30
structural modification of a structure or lot of record. The zoning enforcement officer is authorized
31
to grant modification permits. The zoning ordinance shall permit modifications that are fifteen
32
percent (15%) or less of any dimensional requirements specified in the zoning ordinance but may
33
permit modification up to twenty-five percent (25%). Within ten (10) days of the receipt of a request
34
for a modification, the zoning enforcement officer shall make a decision as to the suitability of the

LC005900 - Page 30 of 51
1
requested modification based on the following determinations:
2
(1) The modification requested is minimal to a reasonable enjoyment of the permitted use
3
to which the property is proposed to be devoted;
4
(2) If the modification is granted, neighboring property will neither be substantially injured
5
nor its appropriate use substantially impaired;
6
(3) The modification requested does not require a variance of a flood hazard requirement,
7
unless the building is built in accordance with applicable regulations; and
8
(4) The modification requested does not violate any rules or regulations with respect to
9
freshwater or coastal wetlands.
10
(b) Upon an affirmative determination, in the case of a modification of five percent (5%)
11
or less, the zoning enforcement officer shall have the authority to issue a permit approving the
12
modification, without any public notice requirements. In the case of a modification of greater than
13
five percent (5%), the zoning enforcement officer shall notify, by first class mail, all property
14
owners abutting the property which is the subject of the modification request, and shall indicate the
15
street address of the subject property in the notice, and shall publish in a newspaper of local
16
circulation within the city or town that the modification will be granted unless written objection by
17
anyone who is entitled to notice under this section is received within fourteen (14) days of the
18
public notice. If written objection is received within fourteen (14) days, the request for a
19
modification shall be scheduled for the next available hearing before the zoning board of review
20
on application for a dimensional variance following the standard procedures for such variances,
21
including notice requirements provided for under this chapter. If no written objections are received
22
within fourteen (14) days, the zoning enforcement officer shall grant the modification. The zoning
23
enforcement officer may apply any special conditions to the permit as may, in the opinion of the
24
officer, be required to conform to the intent and purposes of the zoning ordinance. The zoning
25
enforcement officer shall keep public records of all requests for modifications, and of findings,
26
determinations, special conditions, and any objections received. Costs of any notice required under
27
this subsection shall be borne by the applicant requesting the modification.
28
(c)
Neighborhood character-based modifications (“NCBM”).
The zoning enforcement
29
officer is authorized to grant NCBM on any parcel with a public water and sewer connection, and
30
for purposes of residential use, from the literal dimensional requirements of the zoning ordinance
31
in the instance of the construction, alteration, creation, or structural modification of a dwelling unit,

32
;
provided that:
33
(1) Such modifications shall only be granted for dimensional relief from frontage, lot width,
34
and lot depth, up to the average dimensions of the comparable existing built environment;

LC005900 - Page 31 of 51
1
(2) The average dimensions of the comparable existing built environment shall be
2
calculated as follows:
3
(i) Comparable existing parcels shall mean all parcels that are:
4
(A) Within two hundred feet (200′) of the subject property; and
5
(B) In the same base zone; and
6
(C) Used for residential purposes.
7
(ii) The average dimensions shall be confirmed by a professional land surveyor.
8
(iii) The average dimensions are to be determined without any additional review of zoning
9
or building code analysis of the legality of the existing dimensions of the comparable existing
10
parcels;
11
(3) Within ten (10) days of the receipt of a request for NCBM, the zoning enforcement
12
officer shall make a decision as to the suitability of the requested modification based on the
13
following determinations:
14
(i) The modification requested does not require a variance of a flood hazard requirement,
15
unless the building is built in accordance with applicable regulations; and
16
(ii) The modification requested does not violate any rules or regulations with respect to
17
freshwater or coastal wetlands; and
18
(iii) The NCBM does not violate any provisions regarding separation included in the state
19
building or fire code;
20
(4) Upon an affirmative determination, in the case of an NCBM modification of equal to
21
or less than thirty percent (30%) of the requirements of the zoning district, the zoning enforcement
22
officer shall have the authority to issue a permit approving the modification, without any public
23
notice requirements. In the case of an NCBM modification of greater than thirty percent (30%), the
24
zoning enforcement officer shall notify, by first class mail, all property owners abutting the
25
property which is the subject of the NCBM modification request, and shall indicate the street
26
address of the subject property in the notice, and shall publish in a newspaper of local circulation
27
within the city or town that the modification will be granted unless written objection is received
28
within fourteen (14) days of the public notice. If written objection is received from any party
29
entitled to notice under this section within fourteen (14) days, the request for a modification shall
30
be scheduled for the next available hearing before the zoning board of review on application for a
31
dimensional variance following the standard procedures for such variances, including notice
32
requirements provided for under this chapter. If no written objections are received within fourteen
33
(14) days, the zoning enforcement officer shall grant the modification. The zoning enforcement
34
officer may apply any special conditions to the permit as may, in the opinion of the officer, be

LC005900 - Page 32 of 51
1
required to conform to the intent and purposes of the zoning ordinance. The zoning enforcement
2
officer shall keep public records of all requests for modifications, and of findings, determinations,
3
special conditions, and any objections received. Costs of any notice required under this subsection
4
shall be borne by the applicant requesting the modification.
5

45-24-47. Special provisions — Land development projects.
6
(a) A zoning ordinance shall provide for land development projects which are defined in §
7
45-23-32.
8
(b) A zoning ordinance adopted pursuant to this chapter that permits or requires the creation
9
of land development projects in one or more zoning districts shall require that any land development
10
project shall be reviewed, in accordance with the procedures established by chapter 23 of this title,
11
including those for appeal and judicial review, and with any ordinances or regulations adopted
12
pursuant to the procedures, whether or not the land development project constitutes a “subdivision,”
13
as defined in chapter 23 of this title. No land development project shall be initiated until a plan of
14
the project has been submitted and approval has been granted by the authorized permitting
15
authority. In reviewing, hearing, and deciding upon a land development project, the authorized
16
permitting authority may be empowered to allow zoning incentives within the project; provided,
17
that standards for the zoning incentives are described in the zoning ordinance, and may be
18
empowered to apply any special conditions and stipulations to the approval that may, in the opinion
19
of the authorized permitting authority, be required to maintain harmony with neighboring uses and
20
promote the objectives and purposes of the comprehensive plan and zoning ordinance.
21
(c) In regulating land development projects, an ordinance adopted pursuant to this chapter
22
may include, but is not limited to, regulations governing the following:
23

(1) A minimum area or site size for a land development project;
24

(2)
(1)
Uses to be permitted within the development;
25

(3)
(2)
Ratios of residential to nonresidential uses where applicable;
26

(4)
(3) Unless otherwise set forth in this chapter, maximum

Maximum
density per lot and
27
maximum density for the entire development;
28

(5)
(4)
Roads, driveways, utilities, parking, and other facilities; regulations may distinguish
29
between those facilities intended to remain in private ownership or to be dedicated to the public;
30
and
31

(6)
(5)
Buffer areas, landscaping, screening, and shading.
32
(d) In regulating land development projects, an ordinance adopted pursuant to this chapter
33
shall include provisions for zoning incentives that include the adjustment of applicable lot density
34
and dimensional standards where open space is to be permanently set aside for public or common

LC005900 - Page 33 of 51
1
use, and/or where the physical characteristics, location, or size of the site require an adjustment,
2
and/or where the location, size, and type of housing, commercial, industrial, or other use require an
3
adjustment, and/or where housing for low and moderate income families is to be provided, or where
4
other amenities not ordinarily required are provided, as stipulated in the zoning ordinance.
5
Provision may be made for adjustment of applicable lot density and dimensional standards for
6
payment or donation of other land or facilities in lieu of an on-site provision of an amenity that
7
would, if provided on-site, enable an adjustment.
8
(e)(1) A zoning ordinance requiring open land in a cluster development or other land
9
development project for public or common use, shall provide that such open land either: (i) Be
10
conveyed to the city or town and accepted by it for park, open space, agricultural, or other specified
11
use or uses; or (ii) Be conveyed to a nonprofit organization, the principal purpose of which is the
12
conservation of open space or resource protection; or (iii) Be conveyed to a corporation or trust
13
owned or to be owned by the owners of lots or units within the development, or owners of shares
14
within a cooperative development. If such a corporation or trust is used, ownership shall pass with
15
conveyances of the lots or units; or (iv) Remain in private ownership if the use is limited to
16
agriculture, habitat or forestry, and the city or town has set forth in its community comprehensive
17
plan and zoning ordinance that private ownership is necessary for the preservation and management
18
of the agricultural, habitat or forest resources.
19
(2) In any case where the land is not conveyed to the city or town:
20
(i) A restriction, in perpetuity, enforceable by the city or town or by any owner of property
21
in the cluster or other land development project in which the land is located shall be recorded
22
providing that the land is kept in the authorized condition(s) and not built upon or developed for
23
accessory uses such as parking or roadway; and
24
(ii) The developmental rights and other conservation easements on the land may be held,
25
in perpetuity, by a nonprofit organization, the principal purpose of which is the conservation of
26
open space or resource protection.
27
(3) All open space land provided by a cluster development or other land development
28
project shall be subject to a community-approved management plan that will specify the permitted
29
uses for the open space.
30

45-24-54. Administration — Administration and enforcement of zoning ordinance.
31
(a) A zoning ordinance adopted pursuant to this chapter must provide for the administration
32
and enforcement of its provisions pursuant to this chapter. The zoning ordinance must designate
33
the local official or agency and specify minimum qualifications for the person or persons charged
34
with its administration and enforcement, including: (1) The issuing of any required permits or

LC005900 - Page 34 of 51
1
certificates; (2) Collection of required fees; (3) Keeping of records showing the compliance of uses
2
of land; (4) Authorizing commencement of uses or development under the provisions of the zoning
3
ordinance; (5) Inspection of suspected violations; (6) Issuance of violation notices with required
4
correction action; (7) Collection of fines for violations; (8) Upon written request
from the record
5
owner of a lot or other person with a bona fide legal or equitable interest in a lot
, issue a zoning
6
certificate or provide information to the requesting party as to the determination by the official or
7
agency; and (9) Performing any other duties and taking any actions that may be assigned in the
8
ordinance. A zoning certificate shall be issued within twenty (20) days of the written request. In
9
the event that no written response is provided within that time, the requesting party has the right to
10
appeal to the zoning board of review for the determination pursuant to § 45-24-63.
11
(b) The requesting party has the right to appeal the determination made in the zoning
12
certificate pursuant to § 45-24-63.
13
SECTION 4. Sections 45-53-4 and 45-53-5.1 of the General Laws in Chapter 45-53 entitled
14
"Low and Moderate Income Housing" are hereby amended to read as follows:
15

45-53-4. Procedure for approval of construction of low- or moderate-income housing.
16
[Effective January 1, 2026, inclusive of existing language in § 45-53-4.]
17
(a) Any applicant proposing to build low- or moderate-income housing may submit to the
18
local review board a single application for a comprehensive permit to build that housing in lieu of
19
separate applications to the applicable local boards. This procedure is only available for proposals
20
in which at least twenty-five percent (25%) of the housing is low- or moderate-income housing.
21
This procedure is not available in cities and towns that have low- or moderate-income housing in
22
excess of ten percent (10%) of its year-round housing units which also have an inclusionary zoning
23
ordinance
which

that
complies with § 45-24-46.1
, unless otherwise allowed by that municipality
.
24
(b) Cities and towns that have low- or moderate-income housing in excess of ten percent
25
(10%) of its year-round housing units:
26
(1) May provide an applicant with more dwelling units than allowed by right under its
27
zoning ordinance in the form of a density bonus to allow an increase in the allowed dwelling units
28
per acre (DU/A), as well as other incentives and municipal government subsidies as defined in §
29
45-53-3;
30
(2) May, by council action, limit the annual total number of dwelling units in
31
comprehensive permit applications from for-profit developers to an aggregate of one percent (1%)
32
of the total number of year-round housing units in the town, and notwithstanding the timetables set
33
forth elsewhere in this section, the local review board shall have the authority to consider
34
comprehensive permit applications from for-profit developers, which are made pursuant to this

LC005900 - Page 35 of 51
1
subsection, sequentially in the order in which they are submitted.
2
(c) Cities and towns that do not have low- or moderate-income housing in excess of ten
3
percent (10%) of its year-round housing units:
4
(1) Shall make available to applications under this chapter municipal government
5
subsidies, including adjustments and zoning incentives, to offset the differential costs of the low-
6
or moderate-incoming housing units. At a minimum, the following zoning incentives shall be
7
allowed for in these cities or towns for projects submitted under this chapter:
8
(A) Density bonuses. These cities and towns shall provide an applicant with more dwelling
9
units than allowed by right under its zoning ordinances in the form of a density bonus to allow an
10
increase in the allowed dwelling units per acre (DU/A). At a minimum, the following density
11
bonuses for projects submitted under this chapter, provided that the total land utilized in the density
12
calculation shall exclude wetlands; area devoted to roadway infrastructure necessary for
13
development; and easements or rights of way of record:
14
(i) For properties connected to public sewer and water, or eligible to be connected to public
15
sewer and water based on written confirmation from each respective service provider, the density
16
bonus for a project that provides at least twenty-five percent (25%) low- and moderate-income
17
housing shall be at least five (5) units per acre;
18
(ii) For properties connected to public sewer and water, or eligible to be connected to public
19
sewer and water based on written confirmation from each respective service provider, the density
20
bonus for a project that provides at least fifty percent (50%) low- and moderate-income housing
21
shall be at least nine (9) units per acre;
22
(iii) For properties connected to public sewer and water, or eligible to be connected to
23
public sewer and water based on written confirmation from each respective service provider, the
24
density bonus for a project that provides one hundred percent (100%) low- and moderate-income
25
housing shall be at least twelve (12) units per acre;
26
(iv) For properties not connected to either public water or sewer or both, but which provide
27
competent evidence as to the availability of water to service the development and/or a permit for
28
on-site wastewater treatment facilities to service the dwelling units from the applicable state
29
agency, the density bonus for a project that provides at least twenty-five percent (25%) low- and
30
moderate-income housing shall be at least three (3) units per acre;
31
(v) For properties not connected to either public water or sewer or both, but which provide
32
competent evidence as to the availability of water to service the development and/or a permit for
33
on-site wastewater treatment facilities to service the dwelling units from the applicable state
34
agency, the density bonus for a project that provides at least fifty percent (50%) low- and moderate-

LC005900 - Page 36 of 51
1
income housing shall be at least five (5) units per acre;
2
(vi) For properties not connected to either public water or sewer or both, but which provide
3
competent evidence as to the availability of water to service the development and/or a permit for
4
on-site wastewater treatment facilities to service the dwelling units from the applicable state
5
agency, the density bonus for a project that provides one hundred percent (100%) low- and
6
moderate-income housing shall be at least eight (8) units per acre;
7
(B) Parking. A municipality shall not require more than one off-street parking space per
8
dwelling unit for units up to and including two (2) bedrooms in applications submitted under this
9
chapter;
10
(C) Bedrooms. A municipality shall not limit the number of bedrooms for applications
11
submitted under this chapter to anything less than three (3) bedrooms per dwelling unit for single-
12
family dwelling units;
13
(D) Floor area. A municipality shall not utilize floor area requirements to limit any
14
application, except as provided by § 45-24.3-11.
15
(d) A municipality shall not restrict comprehensive permit applications and permits by any
16
locally adopted ordinance or policy that places a limit or moratorium on the development of
17
residential units.
18
(e) The application and review process for a comprehensive permit shall be as follows:
19
(1) Pre-application conference. A municipality may require an applicant proposing a
20
project under this chapter, who is not electing to have master plan review, to complete, or the
21
applicant proposing a project under this chapter may request a pre-application conference with the
22
local review board, the technical review committee established pursuant to § 45-23-56, or with the
23
administrative officer for the local review board as appropriate. In advance of a pre-application
24
conference, the applicant shall be required to submit only a short description of the project in
25
writing including the number of units, type of housing, density analysis, preliminary list of
26
adjustments needed, as well as a location map, and conceptual site plan. The purpose of the pre-
27
application conference shall be to review a concept plan of the proposed development and to elicit
28
feedback from the reviewing person or board. Upon receipt of a request by an applicant for a pre-
29
application conference, the municipality shall have thirty (30) days to schedule and hold the pre-
30
application conference, unless a different timeframe is agreed to by the applicant in writing. If thirty
31
(30) days has elapsed from the filing of the pre-application submission and no pre-application
32
conference has taken place, nothing shall be deemed to preclude an applicant from thereafter filing
33
and proceeding with an application for preliminary plan review for a comprehensive permit.
34
(2) Optional master plan. An applicant may elect to apply for and be heard on master plan

LC005900 - Page 37 of 51
1
review prior to preliminary plan submission. If a master plan review is elected by the applicant the
2
following shall apply:
3
(i) Submission requirements. Submission requirements for master plan review shall be
4
limited to the following:
5
(A) An application form and fee;
6
(B) A short description of the project in writing including the number of units, type of
7
housing, density analysis, list of adjustments needed, as well as a location map, and preliminary
8
determinations as to site constraints;
9
(C) Conceptual site plans showing infrastructure locations for roadways, preliminary
10
locations and design of conceptual stormwater facilities, location of sewer and water lines and/or
11
wells and on-site wastewater treatment systems, locations of housing units, estimated locations of
12
site constraints and wetlands;
13
(D) A preliminary traffic opinion for projects of over thirty (30) dwelling units;
14
(E) A letter of eligibility issued by the Rhode Island housing and mortgage finance
15
corporation, or in the case of projects primarily funded by the U.S. Department of Housing and
16
Urban Development or other state or federal agencies, an award letter indicating the subsidy, or
17
application in such form as may be prescribed for a municipal government subsidy;
18
(F) If the applicant submits any requests for adjustments at master plan, a public hearing
19
shall be held in the same manner as during preliminary plan review as set forth in this section and
20
the applicant shall be responsible for providing the list of abutters and all advertising costs.
21
(ii) Certification of completeness. The master plan application must be certified complete
22
or incomplete by the administrative officer according to the provisions of § 45-23-36; provided,
23
however, that the certificate shall be granted within twenty-five (25) days of submission of the
24
application. The running of the time period set forth herein will be deemed stopped upon the
25
issuance of a written certificate of incompleteness of the application by the administrative officer
26
and will recommence upon the resubmission of a corrected application by the applicant. However,
27
in no event will the administrative officer be required to certify a corrected submission as complete
28
or incomplete less than ten (10) days after its resubmission. If the administrative officer certifies
29
the application as incomplete, the officer shall set forth in writing with specificity the missing or
30
incomplete items.
31
(iii) Review of applications. A master plan application filed in accordance with this chapter
32
shall be reviewed in accordance with the following provisions:
33
(A) Timeframe for review. The local review board shall render a decision on the master
34
plan application within sixty (60) days of the date the application is certified complete, or within a

LC005900 - Page 38 of 51
1
further amount of time that may be consented to by the applicant through the submission of a
2
written consent.
3
(B) Failure to act. Failure of the local review board to act within the prescribed period
4
constitutes approval of the master plan, and a certificate of the administrative officer as to the failure
5
of the local review board to act within the required time and the resulting approval shall be issued
6
on request of the applicant.
7
(C) Required findings. In voting on an application, the local review board shall make
8
findings, supported by legally competent evidence on the record that discloses the nature and
9
character of the observations upon which the fact finders acted, on the standards required for
10
preliminary plan review in this section, to the extent applicable at the master plan. The failure to
11
provide information which is required later at preliminary plan review shall not form a basis for
12
denial. If the board votes to defer a finding to preliminary plan it shall do so on the record during
13
the proceedings and in the written decision and specify what items are necessary for review at the
14
preliminary plan stage in order to address that finding.
15
(iv) Vesting. The approved master plan is vested for a period of two (2) years
with the right
16
to extend for two (2), one-year extensions upon written request by the applicant, who must appear
17
before the planning board for each annual review

from the date of recording of the decision
.
18
Thereafter, vesting may be extended for a longer period, for good cause shown, if requested, in
19
writing by the applicant, and approved by the local review board.
Demonstrated evidence that the
20
applicant and its design team are in the process of full engineering design and obtaining other items
21
needed for preliminary plan submission shall meet the definition of good cause, as well as any other
22
circumstances that the local board determines to constitutes good cause.
The vesting for the master
23
plan approval includes all ordinance provisions and regulations at the time of the approval, general
24
and specific conditions shown on the approved master plan drawings and supporting material.
The
25
vesting period is tolled upon the filing of an appeal and shall restart only upon the issuance of a
26
decision affirming the approval.
27
(3)
Preliminary plan review.
28
(i) Submission requirements. Applications for preliminary plan review under this chapter
29
shall include:
30
(A) Unless already submitted at a master plan stage, a letter of eligibility issued by the
31
Rhode Island housing and mortgage finance corporation, or in the case of projects primarily funded
32
by the U.S. Department of Housing and Urban Development or other state or federal agencies, an
33
award letter indicating the subsidy, or application in such form as may be prescribed for a municipal
34
government subsidy; and

LC005900 - Page 39 of 51
1
(B) A letter signed by the authorized representative of the applicant, setting forth the
2
specific sections and provisions of applicable local ordinances and regulations from which the
3
applicant is seeking adjustments; and
4
(C) A proposed timetable for the commencement of construction and completion of the
5
project; and
6
(D) Those items required by local regulations promulgated pursuant to applicable state law,
7
with the exception of evidence of state or federal permits; and for comprehensive permit
8
applications included in the checklist for the preliminary plan review in the local regulations
9
promulgated pursuant to chapter 23 of this title; and
10
(E) Notwithstanding the submission requirements set forth above, the local review board
11
may request additional, reasonable documentation throughout the public hearing, including, but not
12
limited to, opinions of experts, credible evidence of application for necessary federal and/or state
13
permits, statements and advice from other local boards and officials.
14
(ii) Certification of completeness. The preliminary plan application must be certified
15
complete or incomplete by the administrative officer according to the provisions of § 45-23-36;
16
provided, however, that the certificate shall be granted within twenty-five (25) days of submission
17
of the application. The running of the time period set forth herein will be deemed stopped upon the
18
issuance of a written certificate of incompleteness of the application by the administrative officer
19
and will recommence upon the resubmission of a corrected application by the applicant. However,
20
in no event will the administrative officer be required to certify a corrected submission as complete
21
or incomplete less than ten (10) days after its resubmission. If the administrative officer certifies
22
the application as incomplete, the officer shall set forth in writing with specificity the missing or
23
incomplete items.
24
(iii) Review of applications. An application filed in accordance with this chapter shall be
25
reviewed in accordance with the following provisions:
26
(A) Public hearing. A public hearing shall be noticed and held as soon as practicable after
27
the issuance of a certificate of completeness.
28
(B) Notice. Public notice for the public hearing will be the same notice required under local
29
regulations for a public hearing for a preliminary plan promulgated in accordance with § 45-23-42.
30
The cost of notice shall be paid by the applicant.
31
(C) Timeframe for review. The local review board shall render a decision on the
32
preliminary plan application within ninety (90) days of the date the application is certified
33
complete, or within a further amount of time that may be consented to by the applicant through the
34
submission of a written consent.

LC005900 - Page 40 of 51
1
(D) Failure to act. Failure of the local review board to act within the prescribed period
2
constitutes approval of the preliminary plan, and a certificate of the administrative officer as to the
3
failure of the local review board to act within the required time and the resulting approval shall be
4
issued on request of the applicant. Further, if the public hearing is not convened or a decision is not
5
rendered within the time allowed in subsections (e)(3)(iii)(A) and (e)(3)(iii)(C) of this section, the
6
application is deemed to have been allowed and the preliminary plan approval shall be issued
7
immediately.
8
(E) Required findings. In voting on an application, the local review board shall make
9
findings, supported by legally competent evidence on the record that discloses the nature and
10
character of the observations upon which the fact finders acted, on each of the following standards,
11
where applicable:
12
(I) Whether the proposed development is consistent with local needs as identified in the
13
community’s
approved
affordable housing plan and/or has satisfactorily addressed the issues where
14
there may be inconsistencies. If the local board finds that the proposed development is inconsistent
15
with the community’s affordable housing plan, it must also find that the municipality has made
16
significant progress in implementing its housing plan.
17
(II) Whether the proposed development is in compliance with the standards and provisions
18
of the municipality’s zoning ordinance and subdivision regulations, and/or where adjustments are
19
requested by the applicant, whether local concerns that have been affected by the relief granted do
20
not outweigh the state and local need for low- and moderate-income housing. For cities and towns
21
that have low- or moderate-income housing in excess of ten percent (10%) of its year-round housing
22
units, where adjustments are requested, in addition to the above-showing, the proposed
23
development must show it has mitigated any impact of the proposed development on the general
24
character of the surrounding area.
25
(III) Whether the low- and moderate-income housing units proposed are integrated
26
throughout the development; are compatible in scale, meaning that: (1) The size of the low- and
27
moderate-income units shall not be less than seventy-five percent (75%) of the size of the market
28
rate units, unless otherwise allowed by the local board; (2) The affordable units are of similar
29
architectural style to the market rate units within the project so that the exterior of the units look
30
like an integrated neighborhood with similar rooflines, window patterns, materials and colors; and
31
(3) The affordable units will be built and occupied in a proportional manner with the construction
32
and occupancy of the market rate units. Except that for housing units that are intended to be
33
occupied by persons fifty-five (55) years of age or older, or sixty-two (62) years of age or older, as
34
permitted by the federal Fair Housing Act pursuant to 42 U.S.C. § 3607(b) and 24 C.F.R. §§

LC005900 - Page 41 of 51
1
100.300-308 and the Rhode Island fair housing practices act pursuant to § 34-37-4.1, such units
2
need not be integrated in any building or phase within the development that contains housing units
3
that are not age-restricted, and neither age-restricted housing units nor any building or phase
4
containing age-restricted housing units must be compatible in scale and architectural style to other
5
housing unit types to the extent the age-restricted housing units are designed to meet the physical
6
or social needs of older persons or necessary to provide housing opportunities for older persons.
7
(IV) Whether there will be significant negative impacts on the health and safety of current
8
or future residents of the community, in areas including, but not limited to, safe circulation of
9
pedestrian and vehicular traffic, provision of emergency services, sewerage disposal, availability
10
of potable water, adequate surface water run-off, and the preservation of natural, historical, or
11
cultural features.
12
(V) Whether the proposed land developments or subdivisions lots will have adequate and
13
permanent physical access to a public street in accordance with the requirements of § 45-23-
14
60(a)(5), or the local review board has approved other access, such as a private road.
15
(VI) Whether the proposed development will result in the creation of individual lots with
16
any physical constraints to development that building on those lots according to pertinent
17
regulations and building standards would be impracticable, unless created only as permanent open
18
space or permanently reserved for a public purpose on the approved, recorded plans.
19
(F) [Deleted by P.L. 2025, ch. 363, § 1 and P.L. 2025, ch. 364, § 1.]
20
(iv) Vesting. The approved preliminary plan is vested for a period of two (2) years
with the
21
right to extend for two (2), one-year extensions upon written request by the applicant, who must
22
appear before the planning board for each annual review and provide proof of valid state or federal
23
permits as applicable

from the date of the recording of the decision
. Thereafter, vesting may be
24
extended for a longer period, for good cause shown, if requested, in writing by the applicant, and
25
approved by the local review board. The vesting for the preliminary plan approval includes all
26
ordinance provisions and regulations at the time of the approval, general and specific conditions
27
shown on the approved preliminary plan drawings and supporting material.
Demonstrated evidence
28
that all applicable state permits have been applied for and are under review shall meet the definition
29
of good cause, as well as any other circumstances that the local board determines to constitute good
30
cause. The vesting period is tolled upon the filing of an appeal and shall restart only upon the
31
issuance of a decision affirming the approval.
32
(4) Final plan review. The second and final stage of review for the comprehensive permit
33
project shall be done administratively, unless an applicant has requested and been granted any
34
waivers from the submission of checklist items for preliminary plan review, and then, at the local

LC005900 - Page 42 of 51
1
review board’s discretion, it may vote to require the applicant to return for final plan review and
2
approval.
3
(i) Submission requirements. Applications for final plan review under this chapter shall
4
include:
5
(A) All required state and federal permits must be obtained prior to the final plan approval
6
or the issuance of a building permit; and
7
(B) A draft monitoring agreement which identifies an approved entity that will monitor the
8
long-term affordability of the low- and moderate-income units pursuant to § 45-53-3.2; and
9
(C) A sample land lease or deed restriction with affordability liens that will restrict use as
10
low- and moderate-income housing in conformance with the guidelines of the agency providing
11
the subsidy for the low- and moderate-income housing, but for a period of not less than thirty (30)
12
years; and
13
(D) Those items required by local regulations promulgated pursuant to applicable state law
14
included in the checklist for final plan review in the local regulations promulgated pursuant to
15
chapter 23 of this title, including, but not limited to:
16
(I) Arrangements for completion of the required public improvements, including
17
construction schedule and/or financial guarantees; and
18
(II) Certification by the tax collector that all property taxes are current; and
19
(III) For phased projects, the final plan for phases following the first phase, shall be
20
accompanied by copies of as-built drawings not previously submitted of all existing public
21
improvements for prior phases.
22
(ii) Certification of completeness. The final plan application must be certified complete or
23
incomplete by the administrative officer according to the provisions of § 45-23-36; provided
24
however, that the certificate shall be granted within twenty-five (25) days of submission of the
25
application. The running of the time period set forth herein will be deemed stopped upon the
26
issuance of a written certificate of incompleteness of the application by the administrative officer
27
and will recommence upon the resubmission of a corrected application by the applicant. However,
28
in no event will the administrative officer be required to certify a corrected submission as complete
29
or incomplete less than ten (10) days after its resubmission. If the administrative officer certifies
30
the application as incomplete, the officer shall set forth in writing with specificity the missing or
31
incomplete items.
32
(iii)
Review of applications.
33
(A) Timeframe for review. The reviewing authority shall render a decision on the final plan
34
application within forty-five (45) days of the date the application is certified complete.

LC005900 - Page 43 of 51
1
(B)
Modifications and changes to plans:
2
(I) Minor changes, as defined in the local regulations, to the approved plans may be
3
approved administratively, by the administrative officer. The changes may be authorized without
4
additional public hearings, at the discretion of the administrative officer. All changes shall be made
5
part of the permanent record of the project application. This provision does not prohibit the
6
administrative officer from requesting a recommendation from either the technical review
7
committee or the local review board. Denial of the proposed change(s) shall be referred to the local
8
review board for review as a major change.
9
(II) Major changes, as defined in the local regulations, to the plans may be approved only
10
by the local review board and must follow the same review and public hearing process required for
11
approval of preliminary plans as described in subsection (e)(3)(iii) of this section.
12
(III) The administrative officer shall notify the applicant in writing within fourteen (14)
13
days of submission of the final plan application if the administrative officer is referring the
14
application to the local review board under this subsection.
15
(C) Decision on final plan. An application filed in accordance with this chapter shall be
16
approved by the administrative officer unless such application does not satisfy conditions set forth
17
in the preliminary plan approval decision or such application does not have the requisite state and/or
18
federal approvals or other required submissions, does not post the required improvement bonds, or
19
such application is a major modification of the plans approved at preliminary plan.
20
(D) Failure to act. Failure of the reviewing authority to act within the prescribed period
21
constitutes approval of the final plan, and a certificate of the administrative officer as to the failure
22
to act within the required time and the resulting approval shall be issued on request of the applicant.
23
(iv) Vesting. The approved final plan decision is vested for a period of two (2) years
with
24
the right to extend for one one-year extension upon written request by the applicant, who must
25
appear before the planning board for the extension request

from the date of the recording of the
26
decision
, unless, within that period, the plat or plan has been submitted for signature and recording
27
as specified in § 45-23-64. Thereafter, vesting may be extended for a longer period, for good cause
28
shown, if requested, in writing by the applicant, and approved by the local review board.
29
Demonstrated evidence that the project is diligently seeking funding for construction shall meet the
30
definition of good cause, as well as any other circumstances that the local board determines to
31
constitute good cause. The vesting period is tolled upon the filing of an appeal and shall restart only
32
upon the issuance of a decision affirming the approval.
33
(5) Infeasibility of conditions of approval. The burden is on the applicant to show, by
34
competent evidence before the local review board, that proposed conditions of approval are

LC005900 - Page 44 of 51
1
infeasible, as defined in § 45-53-3. Upon request, the applicant shall be provided a reasonable
2
opportunity to respond to such proposed conditions prior to a final vote on the application.
3
(6) Fees. Municipalities may impose fees on comprehensive permit applications that are
4
consistent with but do not exceed fees that would otherwise be assessed for a project of the same
5
scope and type, but not proceeding under this chapter; provided, however, the imposition of such
6
fees shall not preclude a showing by an applicant that the fees make the project financially
7
infeasible.
8
(7) Recording of written decisions. All written decisions on applications under this chapter
9
shall be recorded in the land evidence records within twenty (20) days after the local review board’s
10
vote or the administrative officer’s decision, as applicable. A copy of the recorded decision shall
11
be mailed within one business day of recording, by any method that provides confirmation of
12
receipt, to the applicant and to any objector who has filed a written request for notice with the
13
administrative officer.
14
(8) Local review board powers. The local review board has the same power to issue permits
15
or approvals that any local board or official who would otherwise act with respect to the application,
16
including, but not limited to, the power to attach to the permit or approval, conditions, and
17
requirements with respect to height, site plan, size or shape, or building materials, as are consistent
18
with the terms of this section.
19
(9) Majority vote required. All local review board decisions on comprehensive permits
20
shall be by majority vote of the members present at the proceeding.
21
(10) Construction timetable. A comprehensive permit shall expire unless construction is
22
started within twelve (12) months and completed within sixty (60) months of the recording of the
23
final plan unless a longer and/or phased period for development is agreed to by the local review
24
board and the applicant. Low- and moderate-income housing units shall be built and occupied prior
25
to, or simultaneous with the construction and occupancy of market rate units.
26
(11) [Deleted by P.L. 2025, ch. 363, § 2 and P.L. 2025, ch. 364, § 2.]
27
(12) Report. The local review board of a town with an approved affordable housing plan
28
shall report the status of implementation to the housing resources commission, including the
29
disposition of any applications made under the plan, as of June 30, 2006, by September 1, 2006,
30
and for each June 30 thereafter by September 1 through 2010. The housing resources commission
31
shall prepare by October 15 and adopt by December 31, a report on the status of implementation,
32
which shall be submitted to the governor, the speaker and the president of the senate, and shall find
33
which towns are not in compliance with implementation requirements.
34
(13) Remanded applications. Notwithstanding the provisions of § 45-53-4 in effect on

LC005900 - Page 45 of 51
1
February 13, 2004, a local review board shall commence hearings within thirty (30) days of
2
receiving an application remanded pursuant to § 45-53-5 or, effective January 1, 2024, § 45-53-
3
5.1. In any town with more than one remanded application, applications may be scheduled for
4
hearing in the order in which they were received, and may be taken up sequentially, with the thirty-
5
day (30) requirement for the initiation of hearings, commencing upon the decision of the earlier
6
filed application.
7
(f)(1) The general assembly finds and declares that in January 2004 towns throughout
8
Rhode Island have been confronted by an unprecedented volume and complexity of development
9
applications as a result of private for-profit developers using the provisions of this chapter and that
10
in order to protect the public health and welfare in communities and to provide sufficient time to
11
establish a reasonable and orderly process for the consideration of applications made under the
12
provisions of this chapter, and to have communities prepare plans to meet low- and moderate-
13
income housing goals, that it is necessary to impose a moratorium on the use of comprehensive
14
permit applications as herein provided by private for-profit developers; a moratorium is hereby
15
imposed on the use of the provisions of this chapter by private for-profit developers, which
16
moratorium shall be effective on passage and shall expire on January 31, 2005, and may be revisited
17
prior to expiration and extended to such other date as may be established by law. Notwithstanding
18
the provisions of subsection (a) of this section, private for-profit developers may not utilize the
19
procedure of this chapter until the expiration of the moratorium.
20
(2) No for-profit developer shall submit a new application for comprehensive permits until
21
July 1, 2005, except by mutual agreement with the local review board.
22
(3) Notwithstanding the provisions of subsection (f)(2) of this section, a local review board
23
in a town which has submitted a plan in accordance with subsection (g) of this section, shall not be
24
required to accept an application for a new comprehensive permit from a for-profit developer until
25
October 1, 2005.
26
(g) Towns and cities that are not in conformity with the provisions of § 45-53-3(5)(i) shall
27
prepare by December 31, 2004, a comprehensive plan housing element for low- and moderate-
28
income housing as specified by § 45-53-3(5)(ii), consistent with applicable law and regulation.
29
That the secretary of the planning board or commission of each city or town subject to the
30
requirements of this paragraph shall report in writing the status of the preparation of the housing
31
element for low- and moderate-income housing on or before June 30, 2004, and on or before
32
December 31, 2004, to the secretary of the state planning council, to the chair of the house
33
committee on corporations and to the chair of the senate committee on commerce, housing and
34
municipal government.

LC005900 - Page 46 of 51
1
(h) If any provision of this section or the application thereof shall for any reason be judged
2
invalid, the judgment shall not affect, impair, or invalidate the remainder of this section or of any
3
other provision of this chapter, but shall be confined in its effect to the provision or application
4
directly involved in the controversy giving rise to the judgment, and a moratorium on the
5
applications of for-profit developers pursuant to this chapter shall remain and continue to be in
6
effect for the period commencing on the day this section becomes law [February 13, 2004] and
7
continue until it shall expire on January 31, 2005, or until amended further.
8
(i) In planning for, awarding, and otherwise administering programs and funds for housing
9
and for community development, state departments, agencies, boards and commissions, and public
10
corporations, as defined in chapter 18 of title 35, shall among the towns subject to the provision of
11
§ 45-53-3(5)(ii), give priority to the maximum extent allowable by law to towns with an approved
12
affordable housing plan. The director of administration shall adopt not later than January 31, 2005,
13
regulations to implement the provisions of this section.
14
(j) Multi-family rental units built under a comprehensive permit may be calculated towards
15
meeting the requirements of a municipality’s low- or moderate-income housing inventory, as long
16
as the units meet and are in compliance with the provisions of § 45-53-3.1.
17

45-53-5.1. Appeals — Judicial review.
18
(a) Effective January 1, 2024, as a replacement to § 45-53-5. A decision of a local review
19
board may be appealed by the applicant or an aggrieved party, as defined by § 45-24-31, to the
20
superior court for the county in which the property is situated. The appeal shall be taken within
21
twenty (20) days after the date of the recording and posting of the decision by the local review
22
board, by filing with the superior court a complaint that contains a statement of the prior
23
proceedings and the reasons upon which the appeal is based. The complaint shall name the local
24
review board as the appellee and serve the local review board with the appeal within twenty (20)
25
days of filing of the appeal. If an aggrieved party
who or
that is not the applicant files an appeal,
26
the original applicant shall be named as a party and served in the same manner as the local review
27
board.
28
(b) The local review board shall not be required to answer the complaint, but it shall submit
29
the complete local review board record to superior court within thirty (30) days of receiving service
30
of the complaint. Should the local review board fail to file the record within thirty (30) days, the
31
applicant may move for default.
32

(c) Appeals from a decision granting approval of a final plan shall be limited to elements
33
of the approval not contained in the decision reached by the local review board at the preliminary
34
plan stage.

LC005900 - Page 47 of 51
1

(c)
(d)
The appeal shall be expedited and given priority on the court calendar as soon as
2
proof of service of the complaint on the local review board is filed. The appeal shall be decided as
3
soon as possible by the superior court, without delay.
4

(d)
(e)
The review shall be conducted by the superior court without a jury. The court shall
5
consider the record of the hearing before the local review board and, if it appears to the court that
6
additional evidence is necessary for the proper disposition of the matter, it may allow
, upon motion,

7
any party to the appeal to present that evidence in open court, which evidence, along with the
8
record, constitutes the record upon which the determination of the court is made.
9

(f) The court shall not substitute its judgment for that of the local review board as to the
10
weight of the evidence on questions of fact. The court may affirm the decision of the local review
11
board or remand the case for further proceedings, or may reverse or modify the decision if
12
substantial rights of the appellant have been prejudiced because of findings, inferences,
13
conclusions, or decision that were:
14

(1) In violation of constitutional or statutory provisions;
15

(2) In excess of the authority granted to the planning board by statute or ordinance;
16

(3) Made upon unlawful procedure;
17

(4) Affected by other error of law;
18

(5) Clearly erroneous in view of the reliable, probative, and substantial evidence of the
19
whole record; or
20

(6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted
21
exercise of discretion.
22

(e)
(g)
The superior court shall
review the appeal under

take into account
the following
23
standards:
24

(1) Whether the decision was arbitrary and capricious or clearly erroneous in light of
25
considerations regarding:

in its review of a denial of an application under this chapter:
26

(i)
(1)
The consistency of the decision to deny or condition the permit with the approved
27
affordable housing plan;
28

(ii)
(2)
The extent to which the community meets or plans to meet housing needs, as defined
29
in an affordable housing plan, including, but not limited to, the ten percent (10%) goal for existing
30
low- and moderate-income housing units as a proportion of year-round housing;
31

(iii)
(3)
The consideration of environmental protection;
32

(iv)
(4)
The state’s need for low- and moderate-income housing;
33

(v)
(5)
The need to protect the health and safety of the occupants of the proposed housing
34
or the residents of the city or town;
and

LC005900 - Page 48 of 51
1

(vi) The need to promote better site and building design in relation to the surroundings or
2
to preserve open space; and
3

(vii)
(6)
Whether the reasons for denial, local zoning or land use ordinances, requirements
4
and regulations are applied as equally as possible to both subsidized and unsubsidized housing.
5

(f)
(h)
If the appeal is by an applicant for a decision approving an application with
6
conditions, the superior court shall, in addition to reviewing the standards and considerations set
7
forth in
subsection (e)

subsections (f) and (g)
of this section, determine whether such conditions
8
and requirements imposed make the construction or operation of the housing infeasible.
9

(g) The court shall not substitute its judgment for that of the local review board as to the
10
weight of the evidence on questions of fact. The court may affirm the decision of the local review
11
board or remand the case for further proceedings, or may reverse or modify the decision if
12
substantial rights of the appellant have been prejudiced because of findings, inferences,
13
conclusions, or decisions that were arbitrary, capricious or unreasonable.
14

(h)
(i)
An aggrieved party may, within twenty (20) days from the date of entry of the
15
judgment of superior court, petition the supreme court of the state of Rhode Island for a writ of
16
certiorari to review any questions of law involved. The petition for a writ of certiorari shall set forth
17
the errors claimed. Upon the filing of such a petition with the clerk of the supreme court, the
18
supreme court may, if it sees fit, issue its writ of certiorari to the superior court to certify to the
19
supreme court the record of the record under review, or so much thereof as was submitted to the
20
superior court by the parties, together with any additional record of the proceedings in the superior
21
court.
22

(i)
(j)
Effective January 1, 2024, all matters pending before the state housing appeals board
23
shall be transferred to superior court for the county in which the property is situated by the applicant
24
filing a complaint in superior court and providing a copy of the complaint to the attorney
25
representing the local review board within ten (10) days of filing. An applicant with an appeal
26
pending before the state housing appeals board shall have until March 1, 2024, to file the complaint
27
transferring the matter to superior court for the county in which the property is situated. The parties
28
shall be required to file the entire record before the state housing appeals board with superior court
29
within forty-five (45) days of the filing of the complaint.
30

(j)
(k)
Effective January 1, 2024, this section shall replace the provisions of § 45-53-5 and
31
any reference in the general laws to § 45-53-5 shall mean § 45-53-5.1.

LC005900 - Page 49 of 51
1
SECTION 5. This act shall take effect upon passage.
========
LC005900
========

LC005900 - Page 50 of 51
EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO TOWNS AND CITIES -- RHODE ISLAND COMPREHENSIVE PLANNING
AND LAND USE ACT
***
1
This act would provide technical amendments relating to comprehensive planning and land
2
use, subdivision of land, zoning ordinances and moderate-income housing.
3
This act would take effect upon passage.
========
LC005900
========

LC005900 - Page 51 of 51