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S3292
2026 -- S 3292
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LC006425
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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 -- SUBDIVISION OF LAND
Introduced By:
Senators Raptakis, Rogers, and Burke
Date Introduced:
May 15, 2026
Referred To:
Senate Housing & Municipal Government
It is enacted by the General Assembly as follows:
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SECTION 1. Section 45-23-46 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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45-23-46. General provisions — Construction and/or improvement guarantees.
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(a) The local regulations shall require approval of the permitting authority of agreements
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for the completion of all required public improvements prior to final plan approval in the form of:
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(1) Completion of actual construction of all improvements; (2) Improvement guarantees; or (3)
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Combination thereof.
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(b) Where improvements are constructed without a financial guarantee, the work is to be
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completed prior to final approval. All construction shall be inspected by the appropriate town staff
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or agents in a timely manner and approved under the direction of the administrative officer and
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according to local regulations.
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(c) Improvement guarantees shall be in an amount and with all necessary conditions to
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secure for the municipality the actual construction and complete installation of all the required
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improvements, within the period specified by the permitting authority. The amount shall be based
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on actual cost estimates for all required public improvements and these estimates shall be reviewed
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and approved by the permitting authority. The permitting authority may fix the guarantee in a
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reasonable amount in excess of the estimated costs to anticipate for economic or construction
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conditions. Local regulations may include provisions for the review and/or upgrade of guarantees.
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(d) The security shall be in the forms of financial instruments set forth in local regulations
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and shall enable the municipality to gain timely access to the secured funds, for cause. The local
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regulations shall provide at least three (3) acceptable forms of financial security and the approving
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authority shall not limit the security to one specific form of the acceptable forms set forth in the
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local regulations.
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(e) The local regulations shall establish procedures for the setting of improvement
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guarantee amounts; for inspections of improvements; for acceptance of improvements by the
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municipality; and for the release of the improvement guarantees to the applicant. Procedures may
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include provisions for partial releases of the guarantees as stages of the improvements are
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completed, inspected, and approved under the coordination of the administrative officer and
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reported to the permitting authority.
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(f) In the cases of developments and subdivisions that are being approved and constructed
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in phases, the permitting authority shall specify improvement guarantee requirements related to
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each particular phase.
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(g) The permitting authority may also require maintenance guarantees to be provided for a
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one-year
period
of up to two (2) years
subsequent to completion, inspection, and acceptance of the
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improvement(s) unless there are extenuating circumstances. Such maintenance guarantee shall not
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exceed ten percent (10%) of the original guarantee amount, or the original cost of the public
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improvements if no guarantee was required.
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(h) Procedures for the acceptance of required improvements shall stipulate that all
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improvements, once inspected and approved, shall be accepted by the municipality or other
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appropriate municipal agency for maintenance and/or part of the municipal system.
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(i) The municipality is granted the power to enforce the guarantees by all appropriate legal
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and equitable remedies.
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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 -- SUBDIVISION OF LAND
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This act would authorize permitting authorities to require maintenance guarantees for a
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period of up to two (2) years following completion, inspection, and acceptance of public
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improvement projects.
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This act would take effect upon passage.
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