AN ACT RELATING TO TOWNS AND CITIES -- ZONING ORDINANCES (Limits municipal minimum lot sizes for residential use to 2,500 sq ft near transit, 5,000 sq. ft with water/sewer, and 1 acre otherwise, while protecting farmlands, forests, and wetlands, and requiring zoning updates to comply.)

S2265

2026 -- S 2265
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LC003404
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
____________
A N A C T
RELATING TO TOWNS AND CITIES -- ZONING ORDINANCES

Introduced By:
Senators Mack, Bissaillon, Kallman, and Quezada

Date Introduced:
January 23, 2026

Referred To:
Senate Housing & Municipal Government
It is enacted by the General Assembly as follows:
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SECTION 1. Section 45-24-33 of the General Laws in Chapter 45-24 entitled "Zoning
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Ordinances" is hereby amended to read as follows:
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45-24-33. Standard provisions. [Effective January 1, 2026.]
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(a) A zoning ordinance shall address each of the purposes stated in § 45-24-30 and shall
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address, through reasonable objective standards and criteria, the following general provisions
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which are numbered for reference purposes only except as prohibited by § 45-24-30(b), § 45-24-
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30(c), or § 45-24-30(d):
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(1) Permitting, prohibiting, limiting, and restricting the development of land and structures
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in zoning districts, and regulating those land and structures according to their type and the nature
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and extent of their use;
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(2) Regulating the nature and extent of the use of land for residential, commercial,
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industrial, institutional, recreational, agricultural, open space, or other use or combination of uses,
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as the need for land for those purposes is determined by the city or town’s comprehensive plan;
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(3) Permitting, prohibiting, limiting, and restricting buildings, structures, land uses, and
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other development by performance standards, or other requirements, related to air and water and
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groundwater quality, noise and glare, energy consumption, soil erosion and sedimentation, and/or
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the availability and capacity of existing and planned public or private services;
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(4) Regulating within each district and designating requirements for:
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(i) The height, number of stories, and size of buildings;

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(ii) The dimensions, size, lot coverage, layout of lots or development areas and floor area
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ratios provided that zoning ordinances must exclude any portion of a basement as defined in § 45-
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24.3-5 from the calculation of floor area ratio;
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(iii) The density and intensity of use;
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(iv) Access to air and light, views, and solar access;
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(v) Open space, yards, courts, and buffers;
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(vi) Parking areas, road design, and, where appropriate, pedestrian, bicycle, and other
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circulator systems;
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(vii) Landscaping, fencing, and lighting;
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(viii) Appropriate drainage requirements and methods to manage stormwater runoff;
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(ix) Public access to waterbodies, rivers, and streams; and
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(x) Other requirements in connection with any use of land or structure;
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(5) Permitting, prohibiting, limiting, and restricting development in flood plains or flood
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hazard areas and designated significant natural areas;
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(6) Promoting the conservation of energy and promoting energy-efficient patterns of
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development;
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(7) Providing for the protection of existing and planned public drinking water supplies,
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their tributaries and watersheds, and the protection of Narragansett Bay, its tributaries and
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watershed;
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(8) Providing for adequate, safe, and efficient transportation systems; and avoiding
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congestion by relating types and levels of development to the capacity of the circulation system,
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and maintaining a safe level of service of the system;
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(9) Providing for the preservation and enhancement of the recreational resources of the city
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or town;
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(10) Promoting an economic climate that increases quality job opportunities and the overall
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economic well-being of the city or town and the state;
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(11) Providing for pedestrian access to and between public and private facilities, including,
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but not limited to, schools, employment centers, shopping areas, recreation areas, and residences;
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(12) Providing standards for, and requiring the provision of, adequate and properly
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designed physical improvements, including plantings, and the proper maintenance of property;
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(13) Permitting, prohibiting, limiting, and restricting land use in areas where development
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is deemed to create a hazard to the public health or safety;
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(14) Permitting, prohibiting, limiting, and restricting extractive industries and earth
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removal and requiring restoration of land after these activities;

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(15) Regulating sanitary landfill, except as otherwise provided by state statute;
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(16) Permitting, prohibiting, limiting, and restricting signs and billboards and other outdoor
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advertising devices;
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(17) Designating airport hazard areas under the provisions of chapter 3 of title 1, and
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enforcement of airport hazard area zoning regulations under the provisions established in that
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chapter;
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(18) Designating areas of historic, cultural, and/or archaeological value and regulating
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development in those areas under the provisions of chapter 24.1 of this title;
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(19) Providing standards and requirements for the regulation, review, and approval of any
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proposed development in connection with those uses of land, buildings, or structures specifically
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designated as subject to development plan review in a zoning ordinance;
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(20) Designating special protection areas for water supply and limiting or prohibiting
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development in these areas, except as otherwise provided by state statute;
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(21) Specifying requirements for safe road access to developments from existing streets,
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including limiting the number, design, and location of curb cuts, and provisions for internal
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circulation systems for new developments, and provisions for pedestrian and bicycle ways;
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(22) Reducing unnecessary delay in approving or disapproving development applications
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through provisions for preapplication conferences and other means;
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(23) Providing for the application of the Rhode Island Fair Housing Practices Act, chapter
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37 of title 34, the United States Fair Housing Amendments Act of 1988 (FHAA); the Rhode Island
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Civil Rights of People with Disabilities Act, chapter 87 of title 42; and the Americans with
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Disabilities Act of 1990 (ADA), 42 U.S.C. § 12101 et seq.;
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(24) Regulating drive-through windows of varied intensity of use when associated with
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land-use activities and providing standards and requirements for the regulation, review, and
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approval of the drive-through windows, including, but not limited to:
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(i) Identifying within which zoning districts drive-through windows may be permitted,
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prohibited, or permitted by special-use permit;
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(ii) Specifying requirements for adequate traffic circulation; and
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(iii) Providing for adequate pedestrian safety and access, including issues concerning safety
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and access for those with disabilities;
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(25) Providing for residential development in all or some of the areas encompassing
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commercial district(s) in a city or town; provided that, such objective standards and criteria address
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the following:
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(i) Standards to ensure that residential uses are allowed and integrated with commercial

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uses in a mixed use or village development;
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(ii) Provisions that allow residential units above commercial uses on the ground floor or
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first floor of a structure(s);
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(iii) Provisions to permit medium to high density residential development in the
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commercial zones allowing residential use;
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(iv) Flexible and reasonable dimensional standards that promote and allow for the mixed
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use or village development; and
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(v) Municipalities with a population in excess of forty thousand (40,000) shall provide for
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residential development as set forth in this section in at least thirty percent (30%) of the area in the
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commercial zoning use districts;
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(26) Allowing the construction of attached single-family dwellings in designated zoning
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districts. For purposes of this chapter, “attached single-family dwelling” means a dwelling unit
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constructed side by side or horizontally and separated by a party wall and lot line. Such units shall
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be allowed in zoning districts of the city or town, as set forth in § 45-24-37(j), provided that:
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(i) The unit(s) have access to public water and sewer, or have adequate access to private
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water and/or wastewater systems approved by the relevant state agency; and
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(ii) The zoning ordinance shall allow each single-family unit to be located on its own lot,
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without increased requirements for minimum lot size, lot width, lot frontage, or lot depth and shall
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allow for a zero-lot line setback along the common property line to accommodate the subdivision
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for these units; provided that, the unit(s) comply with requirements for building and fire codes; and
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(iii) Other dimensional requirements of the base zoning district shall apply to the outside
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perimeter property lines of the end-units of the development, however, there shall not be increased
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dimensional requirements solely applicable to attached single-family structures and not applicable
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to other residential structures containing the same density in the same zoning district; and
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(iv) Cities and towns may establish additional standards for such units; provided that, such
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standards do not restrict a dwelling unit’s floor area ratio to less than one, limit the bedrooms to
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less than three (3), or require more than one off-street parking space for up to two (2) bedrooms,
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and two (2) off-street parking spaces for up to three (3) bedrooms; and
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(27) Providing for residential use options that are not limited to single-family detached
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structures, in areas which have available public water and sewer capacity in municipalities in which
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at least part of the area is located within the urban services boundary which is identified on Rhode
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Island statewide planning program’s future land use map tools and on the Rhode Island geographic
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information system.
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(b)
A

On or before July 31, 2027, a
zoning ordinance
may

shall
include special provisions

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for
any or all of
the following:
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(1) Authorizing development incentives, including, but not limited to, additional permitted
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uses, increased development and density, or additional design or dimensional flexibility in
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exchange for:
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(i) Increased open space;
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(ii) Increased housing choices;
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(iii) Traffic and pedestrian improvements;
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(iv) Public and/or private facilities; and/or
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(v) Other amenities as desired by the city or town and consistent with its comprehensive
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plan. The provisions in the ordinance shall include maximum allowable densities of population
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and/or intensities of use and shall indicate the type of improvements, amenities, and/or conditions.
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Conditions may be made for donation in lieu of direct provisions for improvements or amenities;
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(2) Establishing a system for transfer of development rights within or between zoning
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districts designated in the zoning ordinance;
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(3) Regulating the development adjacent to designated scenic highways, scenic waterways,
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major thoroughfares, public greenspaces, or other areas of special public investment or valuable
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natural resources; and
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(4) Authorizing community living options such as co-living housing in areas serviced by
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transit and other services.
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(c) Slope of land shall not be excluded from the calculation of the buildable lot area or the
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minimum lot size, or in the calculation of the number of buildable lots or units.
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(d) Nothing in this section shall be construed to restrict a municipality’s right, within state
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and local regulations, to establish its own minimum lot size per zoning district in its town or city
;
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provided that, in order to conserve the state’s farmlands and forests, as well as to make efficient
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use of existing public infrastructure investments, no minimum lot size requirement for a residential
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use shall exceed the following parameters:
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(1) Two thousand five hundred (2,500) square feet, for a lot that is served by public water
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and sewer and any portion of the lot is located within a quarter (1/4) mile of a public transit stop or
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station;
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(2) Five thousand (5,000) square feet, for a lot that is served by public water and sewer;
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and
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(3) One acre, for any other lot; provided that, all parcels remain subject to state law and
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regulation concerning drinking water wells, individual sewage disposal systems, and the protection
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of freshwater wetlands.

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(4) Each city or town shall amend its zoning ordinance and comprehensive plan to conform
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to this subsection
.
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SECTION 2. Section 45-23-44 of the General Laws in Chapter 45-23 entitled "Subdivision
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of Land" is hereby amended to read as follows:
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45-23-44. General provisions — Physical design requirements.
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(a) All local regulations shall specify, through reasonable, objective standards and criteria,
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all physical design requirements for subdivisions and land-development projects that are to be
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reviewed and approved pursuant to the regulations. Regulations shall specify all requirements and
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policies for subdivisions and land-development projects that are not contained in the municipality’s
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zoning ordinance.
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(b) Nothing in this section shall be construed to restrict a municipality’s right, within state
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and local regulations, to establish its own minimum lot size per zoning district in its town or city
,
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subject to the limitation set forth in § 45-24-33(d)
.
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(c) The slope of land shall not be excluded from the calculation of the buildable lot area or
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the minimum lot size, or in the calculation of the number of buildable lots or units.
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(d) Wetland buffers, as defined in § 2-1-20, shall be included in the calculation of a
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minimum lot area and in the total number of square feet or acres of a tract or parcel of land before
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calculating the maximum potential number of units or lots for development; provided, however,
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that this shall not apply to lots directly abutting surface reservoirs with direct withdrawals used for
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public drinking water. Nothing herein changes the definition and applicability of a “buildable lot”
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as set forth under § 45-23-60(a)(4); and nothing herein permits the disturbance of wetlands or
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wetland buffers or otherwise alters the provisions of the freshwater wetlands act, § 2-1-18 et seq.
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(e) The requirements and policies may include, but are not limited to: requirements and
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policies for rights-of-way, open space, landscaping, connections of proposed streets and drainage
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systems with those of the surrounding neighborhood; public access through property to adjacent
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public property; and the relationship of proposed developments to natural and man-made features
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of the surrounding neighborhood.
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(f) The regulations shall specify all necessary findings, formulas for calculations, and
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procedures for meeting the requirements and policies. These requirements and policies apply to all
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subdivisions and land development projects reviewed and/or administered under the local
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regulations.
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SECTION 3. This act shall take effect upon passage.
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LC003404
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO TOWNS AND CITIES -- ZONING ORDINANCES
***
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This act would limit municipal minimum lot sizes for residential use to 2,500 sq ft near
2
transit, 5,000 sq. ft with water/sewer, and 1 acre otherwise, while protecting farmlands, forests, and
3
wetlands, and requiring zoning updates to comply.
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This act would take effect upon passage.
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LC003404
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