Rhode IslandH57942025 Regular SessionHouseWALLET

AN ACT RELATING TO TOWNS AND CITIES -- LOCAL PLANNING BOARD OR COMMISSION .

Sponsored By: Robert E. Craven, Sr. (Democratic)

Signed by Governor

Personalized for You

How does this bill affect your finances?

Personalize government policy and PRIA will tell you what this bill means for your household, plus every other piece of legislation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.

Free to download

Bill Overview

Analyzed Economic Effects

10 provisions identified: 5 benefits, 0 costs, 5 mixed.

Easier building on undersized recorded lots

Qualifying recorded lots need no zoning relief solely because they fall below the district’s minimum lot area. Setbacks, frontage, and width shrink in proportion to lot area, while allowed building coverage increases. For example, a lot at 40% of minimum area gets 40% dimensional requirements and a 60% increase in allowed coverage. Local ordinances may instead use standards from a district where the lot meets the minimum area. Projects exceeding the applicable limits still need a modification or dimensional variance.

More manufactured home options for homeowners

Rhode Island towns and cities must allow qualifying manufactured homes on any lot zoned for single-family homes. Homes must meet the state standards in Section 23-27.3-109.1. They must also meet the district’s dimensional rules, such as setbacks, or receive zoning relief.

Developers gain time for final approvals

Major-project applicants submit property descriptions, easements, rights-of-way, and required state or federal permits before final approval, rather than preliminary approval. A state transportation letter promising a permit upon submission of bond and insurance is enough for final approval. The actual transportation permit remains required before a building permit. Final approval lasts two years instead of one unless the plan is submitted for signature and recording. Applicants can request one more year in writing and must attend the planning board’s annual review.

Simpler review paths for development applicants

Pre-application meetings are applicant-requested, and initial completeness reviews can reject applications only for missing local-checklist information. Any number of lots qualifies as a minor subdivision on an existing improved public street. With a new or extended street, nine or fewer buildable lots are minor; ten or more are major. When local rules assign the role, planning boards can approve, condition, or deny development-related variances and special-use permits. Subdivision dimensional relief still requires applicable variance standards, but Section 45-24-41(d)(2) cannot bar that relief.

Housing funding pilot targets transit neighborhoods

Developers and municipalities can apply for residential development funds through a Department of Housing pilot. Beginning January 1, 2024, projects must include land within one-quarter mile of a regional mobility hub or one-eighth mile of a frequent transit stop. Transit locations follow the 2020 Rhode Island Transit Master Plan or its successor. Department rules must require local provisions for high-density housing, some affordable housing, and eased dimensional and parking requirements. The department sets application rules with transportation and planning agency input; the law specifies no funding amount or affordable-housing share.

More zoning flexibility with neighbor notice

Local zoning rules must allow dimensional modifications up to 15% and may allow them up to 25%. Approval requires finding the change minimal for reasonable use and not substantially harmful to neighboring property. Requests of 5% or less may skip public notice; larger requests require notice to neighbors and publication. A written objection within 14 days sends a larger request to the zoning board for a dimensional-variance hearing. Modifications cannot move lot lines or violate wetland rules; flood-related relief requires compliance with applicable building regulations.

Development approvals require written safeguards

Local authorities must make and record positive findings before approving administrative, minor, and major development applications. Findings cover plan consistency, zoning, environmental impacts, practical lot constraints, and permanent street access. Zoning relief or an exemption can satisfy the zoning finding. Projects and subdivision lots need adequate, permanent physical access to a public street unless local zoning or approved relief allows an exception.

Development challenges shift between appeal routes

Zoning boards hear appeals of administrative matters, interpretations, and determinations under Section 45-23-36. That route excludes administrative-officer approvals or denials under Sections 45-23-38 and 45-23-50. Aggrieved parties can appeal planning-board and appeal-board decisions to Superior Court. They can also appeal decisions by administrative officers and technical review committees authorized to approve or deny applications. Complaints must explain the appeal reasons and be filed within 20 days after the decision is recorded and posted with the municipal clerk.

Commercial buildings gain a housing pathway

Commercial buildings, including mills, can become housing or mixed-use buildings when homes occupy at least 50% of existing floor area. Projects with at least 10% low- or moderate-income housing face no local maximum residential density; towns set limits below that share. Projects creating fewer than four homes need not include low- or moderate-income housing. Required parking is capped at one space for the first two bedrooms, plus one for each additional bedroom. Existing setbacks and excess height can remain, but added encroachments need local permission. Height protection includes non-occupiable rooftop equipment and access structures, but not rooftop decks. Building expansion is limited to non-occupiable code and utility upgrades unless local zoning allows more. Projects must meet building, rehabilitation, and fire codes and have public or state-approved private water and wastewater service. Residential use is barred by recorded environmental restrictions or detailed industrial-district health and safety findings. Former industrial buildings must have been vacant of industrial use for at least one year before application.

Larger homes protected, affordability rules narrowed

Beginning January 1, 2025, towns cannot cap covered single-family homes at fewer than three bedrooms. This protection applies to applications under the inclusionary-zoning section, which links development to affordable housing. Also beginning January 1, 2025, inclusionary-zoning requirements do not apply where state-agency density limits prevent use of the section’s density bonus.

Sponsors & Cosponsors

Sponsor

Robert E. Craven, Sr.
Democratic • House

Cosponsors

David A. Bennett
Democratic • House
Stephen M. Casey
Democratic • House
Julie A. Casimiro
Democratic • House
Kathleen A. Fogarty
Democratic • House
Carol Hagan McEntee
Democratic • House
Thomas E. Noret
Democratic • House
Joseph J. Solomon, Jr.
Democratic • House
June Speakman
Democratic • House
Tina L. Spears
Democratic • House

Roll Call Votes

All Roll Calls

Yes: 169 • No: 30

Senate vote • 6/21/2025

TOWNS/CITIES -- LOCAL PLANNING BOARD OR COMMISSION Approval of Amendment

Yes: 32 • No: 3

Senate vote • 6/21/2025

TOWNS/CITIES -- LOCAL PLANNING BOARD OR COMMISSION Passage as Amended

Yes: 21 • No: 14

House vote • 5/1/2025

LOCAL PLANNING BOARD/COMMISSION PASSAGE PASSAGE OF AMENDMENT

Yes: 60 • No: 5