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Rhode IslandH80042026 Regular SessionHouse

AN ACT RELATING TO TOWNS AND CITIES -- RHODE ISLAND COMPREHENSIVE PLANNING AND LAND USE ACT .

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

Signed by Governor

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Bill Overview

Analyzed Economic Effects

22 provisions identified: 11 benefits, 1 costs, 10 mixed.

Accessory units defined statewide (2026)

Beginning January 1, 2026, an accessory dwelling unit is a separate home on the same lot as a legal single‑family or multi‑family home. It must have its own full living facilities. The unit can be detached, part of another structure like a garage, or within the main house.

Easier building on small lots

Towns must set clear rules for building on undersized lots. You do not need special relief just because your lot is short on size, width, frontage, or depth. Lots do not have to be merged if your lot is at least 50% of nearby lots within 200 feet, unless those lots were already merged by a recorded plan. The zoning officer may grant up to 25% dimensional relief as a modification.

Easier building on small older lots

If your lot is smaller than the zone minimum, setbacks, frontage, and width drop in the same proportion as your lot’s size. Your allowed building coverage also goes up by the inverse proportion. Example: a lot at 40% of the required size gets 40% of the normal setbacks/width and up to 60% more coverage.

Faster, clearer local permitting and appeals

The law sets firm clocks for permits: 15–25 days to certify completeness, 45–65 days for preliminary decisions, and 25 days for final plan review. The clock pauses if staff issue an incompleteness notice and restarts when you resubmit; there is a 10‑day minimum before re‑certification. Minor projects are clearer and broader, including certain “oversized lot” splits with at least 3,000 square feet, nearby‑lot comparables, and sewer/water or proven on‑site systems; towns can raise, but not lower, minor thresholds. Administrative officers can approve qualifying minor changes without a new hearing, and small subdivisions under §45‑23‑38(a)(2) need only three findings; lot‑merger subdivisions do not need a Class 1 survey. You have 20 days to appeal to Superior Court after a decision is posted, and the record is due in 30 days; work does not pause unless a judge orders a stay. Beginning January 1, 2024, any reference to §45‑53‑5 means §45‑53‑5.1.

More height flexibility in flood zones

In FEMA flood areas or on the CRMC SDE‑3 map, the law removes from height limits the larger of two numbers: base flood elevation plus up to 5 feet of freeboard, or the CRMC suggested design elevation, each measured over average grade. This lets you build needed elevation without it counting against height. CRMC must review the design‑elevation map at least every 10 years.

Faster project reviews and approvals

You must submit a plan and get approval before starting a land project. The town must hold a pre-application meeting within 30 days or you may file for preliminary review. Completeness checks are due in 25 days for master, preliminary, and final plans. Decisions are due in 60 days (master), 90 days (preliminary), and 45 days (final) after completeness, or the plan is approved by default. Approved master plans vest for two years, paused during appeals. Small plan changes can be approved administratively; big changes go to the review board.

Roommates, co-living, and home work rules

You cannot convert existing homes into co‑living units unless your local zoning allows it or §45‑24‑37 permits it. Towns may cap unrelated roommates, but not below one person per bedroom and not above five; certified recovery homes are exempt from that cap. Remote work, as defined in law, is not treated as a home occupation. Towns may not limit single‑family homes to fewer than three bedrooms.

Simpler minor subdivision steps

For administrative subdivisions, the checks are simple: no new lots, no new nonconformities, and access stays. If denied, you can appeal or refile as a minor subdivision. Written decisions are filed and posted, and approvals expire in 90 days if not recorded. For minor projects’ final plans, you must submit all property documents and required state or federal permits; a DOT letter is allowed at filing, but the DOT permit is needed before a building permit. If you need only a zoning modification, ask the zoning officer; if denied or objected to, or if you need a variance or special use, the plan goes to unified review. Any street creation or extension requires a planning board hearing.

Affordable permits: timing and fees

A comprehensive permit expires unless work starts within 12 months and finishes within 60 months, unless a longer plan is approved. Affordable units must be built and occupied before or at the same time as market units. Towns may charge the same fees as similar projects, but you can show fees make the project infeasible. Applicants must get a chance to respond to proposed conditions and must show with evidence if a condition is infeasible. Boards must balance local rules with the need for affordable housing and may require mitigation in high‑affordability towns.

Minimum densities and local limits

On sites with public sewer and water, towns must allow at least 5, 9, or 12 homes per acre when 25%, 50%, or 100% of units are affordable. On sites without those services, towns must allow at least 3, 5, or 8 homes per acre if water and wastewater proof is provided. Wetlands, roads, and recorded easements do not count toward acreage. Towns with over 10% affordable homes may offer extra units and may cap for‑profit comprehensive‑permit units at 1% of year‑round homes each year. Towns at 10% or less must offer municipal subsidies and zoning incentives to offset affordable unit costs.

Plan alignment and limits on moratoria

Towns must keep their comprehensive plans consistent with state law and include an implementation program. When a new plan conflicts with zoning, the zoning in place when the plan was adopted controls until amended, unless the plan is more than 12 years out of date. Residential moratoria are allowed only when vital to protect health and no other option exists, must be noticed 14 days before a hearing, last no more than 120 days, vest substantially complete applications, and cannot cover comprehensive‑permit or inclusionary units. A one‑time post‑adoption moratorium does not bind state agencies until the plan is approved by the state or the court. Cluster development can preserve open space but does not add extra lots unless a local bonus allows it.

Rules for affordable housing projects

Beginning January 1, 2026, projects with at least 25% affordable homes can file one combined application, unless a town already exceeds 10% affordable homes and has a compliant inclusionary law. For units with two bedrooms or fewer, towns cannot require more than one off‑street parking space per unit. Boards must say if a project fits the town’s affordable housing plan, and affordable units must be mixed in, look similar, and be at least 75% of the size of market units unless a board allows otherwise; age‑restricted units may differ as needed. Final plans must include all needed state and federal permits, a monitoring agreement, and deed or lease terms that keep units affordable for at least 30 years. Boards can add conditions and decide by a majority of members present.

Clear rules for group homes and co‑living

Local zoning rules do not apply to state‑licensed community residences for six or fewer people with intellectual or developmental disabilities. Group homes for people with disabilities and residences for children have clear capacity and licensing limits, and transitional residences are capped at eight people with set stay lengths. The law also defines co‑living housing as private sleeping rooms with shared kitchens or bathrooms.

Faster local planning reviews and decisions

For administrative lot line changes, the town must say if your filing is complete within 15 days. Once complete, the officer has 20 days to approve or deny, or it is approved by default. The officer can grant listed limited design waivers, and you can ask for pre‑application meetings to get guidance. If you request a zoning certificate in writing, the town must issue it within 20 days. Boards must record decisions within 20 days and mail copies within one business day.

Approvals stay valid for two years

An approved preliminary plan and an approved final plan each vest for two years from the date the approval is recorded. Appeals pause the vesting clock and it restarts only when an approval is affirmed. You can ask for a longer extension for good cause, such as active state permit reviews or documented efforts to secure construction funding.

Faster court review of housing appeals

Starting January 1, 2024, appeals of local review board decisions go to the county superior court. You must file within 20 days after the decision is recorded and posted. The board must file the full record within 30 days, and appeals are expedited without a jury. The court reviews legal standards and, if you appeal an approval with conditions, checks if the conditions make the project infeasible. You have 20 days to seek state supreme court review, and pending state board cases had to transfer to superior court by March 1, 2024.

Safer lots and access checks

Local boards must check health and safety, including traffic, emergency access, sewer, water, runoff, and key natural or historic features. Lots must have permanent legal access to a public street or an approved private road. Boards must avoid creating lots that are not practical to build on; such areas must be set as open space or public use on recorded plans. Towns can set rules on uses, density, roads, utilities, parking, buffers, and how common areas are owned.

Stricter variance rules and notices

Variance filings go right to the zoning board, with copies to planning. Hearings must be noticed at least 14 days in a local paper and by mail, with posting at town offices and online. Applicants pay newspaper and mailing costs and must file a notarized mailing affidavit. Variances need a true land‑based hardship, not a self‑created problem, and cannot change neighborhood character. Boards may add enforceable conditions to reduce impacts.

Size limits for family daycare homes

A family daycare home may care for up to six children who are not relatives at the same time. The home may not have more than eight total people receiving day care. This sets clear capacity limits for small providers.

Easier small zoning changes for homes

The zoning officer can approve small dimensional changes fast, often without a hearing. Requests up to 15% (or 25% if local rules allow) must be decided within 10 days. Changes of 5% or less need no notice; bigger ones need mailed and newspaper notice and a 14‑day objection window, and you pay the notice cost. For residential lots with public water and sewer, the officer may match lot dimensions to neighborhood averages; up to 30% needs no notice, larger requests get notice and a possible hearing. Approvals cannot violate flood, wetlands, or building/fire separation rules.

Incentives and open space rules

Towns must offer zoning incentives when projects set aside permanent open space, face site limits, build affordable homes, or add other amenities. A developer may provide an in‑lieu payment or donate land or facilities instead of building an amenity on site. Required open land must be conveyed to the town, a conservation nonprofit, or an owners’ trust, or stay private for farming, habitat, or forestry if the plan requires it. If not given to the town, a permanent restriction and a town‑approved management plan are required. Permitting bodies may also add conditions to keep projects in harmony with the plan and neighbors.

Town growth controls tied to plans

Towns must align zoning with their local comprehensive plan and send the plan, zoning text, and maps to the state. They may limit building permits or approvals only when the limits match the plan and protect public health, with a strict 120‑day cap for dire emergencies. A one‑time post‑plan moratorium is allowed if mapped, noticed, and timed; the state can pull plan approval and related benefits if towns miss required updates. Towns must administer and enforce their plans. Towns cannot put moratoria or caps on comprehensive permit applications for housing.

Sponsors & Cosponsors

Sponsor

  • Robert E. Craven, Sr.

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 79 • No: 28

Senate vote • 6/11/2026

COURTS AND CIVIL PROCEDURE-- COURTS -- SUPERIOR COURT In Concurrence

Yes: 22 • No: 16

House vote • 5/14/2026

SUPERIOR COURT PASSAGE

Yes: 57 • No: 12

Actions Timeline

  1. Signed by Governor — Chapter 406

    6/23/2026Governor

  2. Transmitted to Governor

    6/18/2026Governor

  3. Senate passed Sub A in concurrence

    6/11/2026Senate

  4. Placed on Senate Calendar (06/11/2026)

    6/10/2026Senate

  5. Committee recommends passage of Sub A in concurrence

    6/9/2026

  6. Scheduled for consideration (06/09/2026)

    6/5/2026

  7. Referred to Senate Housing and Municipal Government

    5/22/2026Senate

  8. House passed Sub A

    5/14/2026House

  9. Placed on House Calendar (05/14/2026)

    5/10/2026House

  10. Committee recommends passage of Sub A

    5/5/2026

  11. Proposed Substitute

    5/1/2026

  12. Scheduled for consideration (05/05/2026)

    5/1/2026

  13. Meeting postponed (04/16/2026)

    4/15/2026

  14. Meeting postponed (04/16/2026)

    4/15/2026

  15. Proposed Substitute

    4/10/2026

  16. Scheduled for consideration

    4/10/2026

  17. Committee recommended measure be held for further study

    3/26/2026

  18. Scheduled for hearing and/or consideration (03/26/2026)

    3/20/2026

  19. Introduced, referred to House Judiciary

    2/27/2026House

Bill Text

  • H8004 - As Introduced

    2/27/2026

    HTMLPDF

  • H8004 - Substitute

    2/27/2026

    HTMLPDF

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