AN ACT RELATING TO TOWNS AND CITIES -- ZONING ORDINANCES (Sets the zoning statewide for “family child care homes” to no fewer than twelve (12) children maximum.)

S2273

2026 -- S 2273
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LC003638
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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 -- ZONING ORDINANCES

Introduced By:
Senators DiMario, Bissaillon, Vargas, Rogers, Quezada, Burke, Acosta,
Kallman, Valverde, and Gu

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 45-24-30 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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45-24-30. General purposes of zoning ordinances.
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(a) Zoning regulations shall be developed and maintained in accordance with a
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comprehensive plan prepared, adopted, and as may be amended, in accordance with chapter 22.2
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of this title and shall be designed to address the following purposes. The general assembly
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recognizes these purposes, each with equal priority and numbered for reference purposes only.
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(1) Promoting the public health, safety, and general welfare.
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(2) Providing for a range of uses and intensities of use appropriate to the character of the
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city or town and reflecting current and expected future needs.
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(3) Providing for orderly growth and development that recognizes:
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(i) The goals and patterns of land use contained in the comprehensive plan of the city or
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town adopted pursuant to chapter 22.2 of this title;
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(ii) The natural characteristics of the land, including its suitability for use based on soil
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characteristics, topography, and susceptibility to surface or groundwater pollution;
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(iii) The values and dynamic nature of coastal and freshwater ponds, the shoreline, and
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freshwater and coastal wetlands;
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(iv) The values of unique or valuable natural resources and features;
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(v) The availability and capacity of existing and planned public and/or private services and

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facilities;
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(vi) The need to shape and balance urban and rural development; and
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(vii) The use of innovative development regulations and techniques.
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(4) Providing for the control, protection, and/or abatement of air, water, groundwater, and
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noise pollution, and soil erosion and sedimentation.
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(5) Providing for the protection of the natural, historic, cultural, and scenic character of the
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city or town or areas in the municipality.
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(6) Providing for the preservation and promotion of agricultural production, forest,
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silviculture, aquaculture, timber resources, and open space.
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(7) Providing for the protection of public investment in transportation, water, stormwater
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management systems, sewage treatment and disposal, solid waste treatment and disposal, schools,
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recreation, public facilities, open space, and other public requirements.
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(8) Promoting a balance of housing choices, for all income levels and groups, to assure the
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health, safety, and welfare of all citizens and their rights to affordable, accessible, safe, and sanitary
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housing.
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(9) Providing opportunities for the establishment of low- and moderate-income housing.
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(10) Promoting safety from fire, flood, and other natural or unnatural disasters.
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(11) Promoting a high level of quality in design in the development of private and public
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facilities.
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(12) Promoting implementation of the comprehensive plan of the city or town adopted
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pursuant to chapter 22.2 of this title.
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(13) Providing for coordination of land uses with contiguous municipalities, other
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municipalities, the state, and other agencies, as appropriate, especially with regard to resources and
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facilities that extend beyond municipal boundaries or have a direct impact on that municipality.
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(14) Providing for efficient review of development proposals, to clarify and expedite the
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zoning approval process.
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(15) Providing for procedures for the administration of the zoning ordinance, including,
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but not limited to, variances, special-use permits, and, where adopted, procedures for modifications.
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(16) Providing opportunities for reasonable accommodations in order to comply with the
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Rhode Island Fair Housing Practices Act, chapter 37 of title 34; the United States Fair Housing
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Amendments Act of 1988 (FHAA); the Rhode Island Civil Rights of Persons with Disabilities Act,
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chapter 87 of title 42; and the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. § 12101
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et seq.
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Provided, however, that any zoning ordinance in which a community sets forth standards

LC003638 - Page 2 of 4
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or requirements for the location, design, construction, or maintenance of on-site wastewater
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treatment systems shall first be submitted to the director of the department of environmental
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management for approval as to the technical merits of the ordinance. In addition, any zoning
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ordinance in which a municipality sets forth standards regarding wetland requirements, shall first
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be submitted to the director of the department of environmental management for approval as to the
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technical merits of the ordinance.
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(b) Upon the effective date of this section, a city or town shall no longer be authorized to
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adopt as a provision of its zoning ordinance new requirements that specify buffers or setbacks in
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relation to freshwater wetland, freshwater wetland in the vicinity of the coast, or coastal wetland or
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that specify setback distances between an onsite wastewater treatment system and a freshwater
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wetlands, freshwater wetland in the vicinity of the coast, or coastal wetland.
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(c) Cities and towns shall be prohibited from applying the requirements in existing zoning
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ordinances pertaining to both wetland buffers and onsite wastewater treatment system setbacks to
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development, redevelopment, construction, or rehabilitation applications submitted to a
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municipality. Nothing herein shall rescind the authority of a city or town to enforce other local
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zoning requirements.
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(d) Notwithstanding any law or regulation to the contrary, no city or town shall by
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ordinance or regulation restrict or limit the number of children provided services and care by a
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department of human services licensed family child care home provider to less than twelve (12)
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children at a time; provided, however, that nothing in this subsection shall be construed to limit or
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abridge the provisions of chapter 12.5 of title 42 or the regulations promulgated by the department
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of human services to implement and enforce the provisions of chapter 12.5 of title 42.
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(d)
(e)
Cities and towns shall act to amend their ordinances and regulations to conform to
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this section within twelve (12) months of the effective date of state regulations referenced herein.
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SECTION 2. This act shall take effect upon passage.
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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 set the zoning statewide for “family child care homes” to no fewer than
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twelve (12) children maximum.
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This act would take effect upon passage.
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LC003638
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