AN ACT RELATING TO TOWNS AND CITIES -- RHODE ISLAND COMPREHENSIVE PLANNING AND LAND USE ACT--COMPREHENSIVE PERMITS PROHIBITED IN WATERSHED OVERLAY PROTECTION (Prohibits applications for a comprehensive permit under the Rhode Island comprehensive planning and land use regulation act in any watershed overlay protection district located in the town of Coventry.)

H8472

2026 -- H 8472
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LC006315
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO TOWNS AND CITIES -- RHODE ISLAND COMPREHENSIVE PLANNING
AND LAND USE ACT--COMPREHENSIVE PERMITS PROHIBITED IN WATERSHED
OVERLAY PROTECTION

Introduced By:
Representatives Nardone, Roberts, Chippendale, Noret, Serpa, and Read

Date Introduced:
April 17, 2026

Referred To:
House Municipal Government & Housing
It is enacted by the General Assembly as follows:
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SECTION 1. Section 45-22.2-4 of the General Laws in Chapter 45-22.2 entitled "Rhode
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Island Comprehensive Planning and Land Use Act" is hereby amended to read as follows:
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45-22.2-4. Definitions.
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As used in this chapter the following words have the meanings stated herein:
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(1) “Agricultural land” means land suitable for agriculture by reason of suitability of soil
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or other natural characteristics or past use for agricultural purposes.
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(2) “Capacity” or “land capacity” means the suitability of the land, as defined by geology,
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soil conditions, topography, and water resources, to support its development for uses such as
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residential, commercial, industrial, open space, or recreation. Land capacity may be modified by
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provision of facilities and services.
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(3) “Capital improvements program” means a proposed schedule of all future projects
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listed in order of construction priority together with cost estimates and the anticipated means of
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financing each project.
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(4) “Chief” means the highest-ranking administrative officer of the division of planning as
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established by § 42-11-10(g).
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(5) “Coastal features” means any coastal beach, barrier island or spit, coastal wetland,
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coastal headland, bluff or cliff, rocky shore, manmade shoreline or dune as outlined and defined by
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the coastal resources management program, and as may be amended.

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(6) “Comprehensive plan” or “comprehensive land use plan” means a document containing
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the components described in this chapter, including the implementation program which is
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consistent with the goals and guidelines established by this chapter.
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(7) “Days” means calendar days.
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(8) “Division of planning” means the office established as a division of the department of
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administration by § 42-11-10(g).
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(9) “Floodplains” or “flood hazard area” means an area that is subject to a flood from a
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storm having a one percent (1%) chance of being equaled or exceeded in any given year, as
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delineated on a community’s flood hazard map as approved by the federal emergency management
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agency pursuant to the National Flood Insurance Act of 1968, as amended (Pub. L. No. 90-448),
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42 U.S.C. § 4011 et seq.
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(10) “Forecast” means a description of the conditions, quantities, or values anticipated to
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occur at a designated future time.
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(11) “Goals” means those goals stated in § 45-22.2-3.
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(12) “Historic or cultural resource” means any real property, structure, natural object,
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place, landmark, landscape, archaeological site or configuration or any portion or group of the
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preceding which has been listed on the federal or state register of historic places or that is
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considered by the Rhode Island Historical Preservation & Heritage Commission to meet the
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eligibility criteria for listing on the state register of historic places pursuant to § 42-45-5 or is located
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in a historic district established by a municipality in accordance with chapter 24.1 of this title,
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Historic Area Zoning.
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(13) “Land” means real property including improvements and fixtures on, above, or below
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the surface.
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(14) “Land use regulation” means a rule or statute of general application adopted by the
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municipal legislative body which controls, directs, or delineates allowable uses of land and the
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standards for these uses.
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(15) “Local government” means any governmental agency authorized by this chapter to
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exercise the power granted by this chapter.
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(16) “Maintain” means to evaluate regularly and revise as needed or required in order to
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ensure that a comprehensive plan remains consistent with the goals and guidelines established by
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this chapter.
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(17) “Municipal legislative body” means the town council in a town or the city council in
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a city; or that part of a municipal government that exercises legislative powers under a statute or
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charter.

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(18) “Municipal reviewing authority” means the municipal planning board or commission.
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(19) “Open space” means any parcel or area of land or water set aside, dedicated,
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designated, or reserved for public or private use or enjoyment or for the use and enjoyment of
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owners and occupants of land adjoining or neighboring the open space; provided that the area may
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be improved with only those buildings, structures, streets, and off-street parking, and other
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improvements that are designed to be incidental to the natural openness of the land.
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(20) "Overlay district" mean a district established in a zoning ordinance that is
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superimposed on one or more districts or parts of districts. The standards and requirements
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associated with an overlay district may be more or less restrictive than those in the underlying
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districts consistent with other applicable state and federal laws.
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(20)
(21)
“Planning board” or “commission” means the body established by a municipality
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under chapter 22 of this title or combination of municipalities which has the responsibility to
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prepare a comprehensive plan and make recommendations concerning that plan to the municipal
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legislative body.
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(21)
(22)
“State guide plan” means goals, policies, and plans or plan elements for the
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physical, economic, and social development of the state, adopted by the state planning council in
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accordance with § 42-11-10.
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(22)
(23)
“State or regional agency” means, for the purposes of this chapter, any state
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agency, department, public authority, public corporation, organization, commission, or other
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governing body with regulatory or other authority affecting the goals established either in this
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chapter or the state guide plan. Pursuant to § 45-22.2-2, the definition of state and regional agency
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shall not be construed to supersede or diminish any regulatory authority granted by state or federal
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statute.
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(23)
(24)
“State agency program or project” State agency program means any non-
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regulatory, coordinated group of activities implemented for the purpose of achieving a specific goal
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or objective. State agency project means a specific initiative or development on an identifiable
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parcel(s) of land.
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(24)
(25)
“Voluntary association of local governments” means two (2) or more
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municipalities that have joined together pursuant to a written agreement and pursuant to the
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authority granted under this chapter for the purpose of drafting a comprehensive land use plan and
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implementation program.
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(26) "Watershed" means a land area which because of its topography, soil type, and
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drainage patterns acts as a collector of raw waters which regorge or replenish rivers and existing or
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planned public water supplies.

LC006315 - Page 3 of 5
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(27) "Watershed overlay protection district" means a zoning designation that applies a
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specific set of rules, often stricter than those in the underlying zoning district, to protect water
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resources within a watershed.
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(25)
(28)
“Wetland” a marsh, swamp, bog, pond, river, river or stream flood plain or bank;
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an area subject to flooding or storm flowage; an emergent or submergent plant community in any
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body of fresh water; or an area within fifty feet (50′) of the edge of a bog, marsh, swamp, or pond,
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as defined in § 2-1-20; or any salt marsh bordering on the tidal waters of this state, whether or not
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the tidal waters reach the littoral areas through natural or artificial watercourses, and those uplands
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directly associated and contiguous thereto which are necessary to preserve the integrity of that
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marsh, and as further defined by the RI coastal resources management program, as may be
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amended.
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(26)
(29)
“Zoning” means the reservation of certain specified areas within a community or
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city for building and structures, or use of land, for certain purposes with other limitations as height,
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lot coverage, and other stipulated requirements.
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SECTION 2. Chapter 45-53 of the General Laws entitled "Low and Moderate Income
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Housing" is hereby amended by adding thereto the following section:
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45-53-11.1. Comprehensive permits prohibited in watershed overlay protection
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districts in Coventry.

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In the town of Coventry, no applications shall be issued, authorized or permitted for a
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comprehensive permit under the Rhode Island comprehensive planning and land use regulation act
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pursuant to chapter 22.2 of title 45 in any watershed overlay protection district, as defined in § 45-
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22.2-4.
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SECTION 3. This act shall take effect upon passage.
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LC006315
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LC006315 - Page 4 of 5
EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO TOWNS AND CITIES -- RHODE ISLAND COMPREHENSIVE PLANNING
AND LAND USE ACT--COMPREHENSIVE PERMITS PROHIBITED IN WATERSHED
OVERLAY PROTECTION
***
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This act would prohibit applications for a comprehensive permit under the Rhode Island
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comprehensive planning and land use regulation act in any watershed overlay protection district
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located in the town of Coventry.
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This act would take effect upon passage.
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LC006315
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