All Roll Calls
Yes: 70 • No: 67
Rhode IslandS10862025 Regular SessionSenateWALLET
AN ACT RELATING TO TOWNS AND CITIES -- LOCAL PLANNING BOARD OR COMMISSION .
Sponsored By: Mark P. McKenney (Democratic)
Signed by Governor
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Bill Overview
Analyzed Economic Effects
18 provisions identified: 11 benefits, 0 costs, 7 mixed.
More commercial buildings can become homes
Commercial buildings, including mills, can become housing or mixed-use buildings when at least 50% of existing floor area becomes residential. Former industrial or manufacturing buildings need one year without industrial use; recorded environmental restrictions can block conversion. Projects with more than four homes avoid local density caps with at least 10% affordable homes and required code compliance. Otherwise, the municipality sets maximum density; building-envelope, setback, and height rules also apply. Parking requirements cannot exceed one space for the first two bedrooms, plus one per additional bedroom; adequate water and wastewater service are required.
Displaced residents can use temporary homes
After fire, flood, or another casualty makes housing unlivable, owners can place mobile or manufactured homes on the property. These temporary homes are for the former occupants. They can remain for up to 12 months or until the building becomes livable again, whichever comes first. The owner or agent must apply on time for repair or rebuilding permits.
Homeowners gain more permitted housing options
Qualifying accessory dwelling units are permitted in every residential zoning district through an administrative building permit. Eligibility follows the accessory-unit requirements in §§ 45-24-31 and 45-24-73(a). Municipalities must also allow manufactured homes on any lot zoned for single-family use. Manufactured homes must meet the referenced construction code and single-family dimensional rules, or receive zoning relief.
Housing fees must support local affordability
Municipalities must keep affordable housing fees in restricted accounts overseen by a local affordable-housing board. Money must support housing in the same community for households earning no more than 80% of area median income. Municipalities must allocate funds within three years or transfer them to the Rhode Island Housing and Mortgage Finance Corporation. Earlier transfers are allowed, and the transfer rule also covers funds held on July 1, 2024. Municipalities and the corporation must report collections, allocations, projects, and homes annually, with the first report due December 31, 2024.
More districts allow homes and daycare
Municipalities must permit households, community residences, and family daycare homes in residential, commercial, and industrial districts. Commercial and industrial districts remain exempt where residential use is prohibited for public health or safety reasons.
Residents with disabilities gain home access
Appropriate access to a home is allowed as a reasonable accommodation for a person with a disability. The person must live there or intend to live there. The law does not provide a payment for access changes.
Farmers can grow in more districts
Plant agriculture is a permitted use in every municipal zoning district, including commercial and industrial areas. Municipalities can still prohibit it for public health or safety reasons, or to protect wildlife habitat.
Affordable housing requirements bring extra homes
Beginning January 1, 2025, local inclusionary-housing ordinances must require at least 15% affordable homes, with a project-size trigger no higher than 10 homes. Deed restrictions or land leases must keep those homes affordable for at least 30 years after first occupancy. On-site projects get one extra market-rate home per required affordable home, reduced lot-area requirements, and reasonable relief from dimensional rules. Municipalities can offer larger bonuses for more affordable housing and cannot cap covered single-family homes below three bedrooms. Inclusionary requirements cannot apply when a state-agency density limit prevents use of the bonus.
Builders face minimum affordable housing fees
Where municipalities offer fees instead of affordable homes, builders choose that option on a per-unit basis. For single-family homes and condos, the fee equals the specified affordable sales price minus the average development cost. The price uses a four-person family earning 80% of area median income; costs use the housing finance corporation's prior three years. Preservation-financed existing homes are excluded from those costs, and the fee cannot fall below $40,000 per affordable home. Projects using fees, off-site construction or rehabilitation, or donated land lose the density bonus and require planning-board review.
Applicants get clearer development review rules
Pre-application meetings take place at the applicant's request, not at a municipality's request on the applicant's behalf. Applications can be called incomplete only for missing checklist items, including conditions from an earlier approval stage. After the deadline, applications count as complete unless checklist information is missing and the officer provided written deficiency notice. Approvals require listed findings without separately addressing general statutory purposes; zoning and street-access findings can reflect authorized exceptions or relief. Administratively reviewed minor subdivisions need only findings on the comprehensive plan, zoning compliance, and street access.
Developers can combine related permit reviews
Local rules can let planning boards decide variance and special-use requests alongside development review, including development-plan review. Boards can approve requests, add conditions, or deny them. For subdivisions using unified review, one statutory standard cannot bar requested relief from dimensional rules. This removes a barrier to seeking relief but does not guarantee approval.
Developers get longer final approval periods
Final approval for major subdivisions and land-development projects lasts two years instead of one. Applicants must submit the plan for signature and recording within that period to avoid expiration. They can request one additional year in writing and appear before the planning board for annual review. The board can grant further extensions for good cause.
Housing near transit gains pilot support
Beginning January 1, 2024, the Department of Housing has authority to run a housing funding pilot near transit. Projects must be within one-quarter mile of an existing or planned regional mobility hub, or one-eighth mile of a frequent transit stop. Developer funding requires some affordable homes; certified municipal districts must allow high-density housing, some affordability, and easier dimensional and parking rules. The department sets application, oversight, and penalty rules and reports annually beginning December 31, 2024. The law specifies no funding amount.
More subdivisions qualify for simpler review
Subdivisions with any number of lots on an existing improved public street qualify as minor subdivisions. When a street must be built or extended, nine or fewer buildable lots are minor. Ten or more buildable lots requiring that street work are major subdivisions. The classification determines which local review process applies.
Land-use appeals shift toward court review
Zoning boards hear specified administrative appeals, but not administrative-officer application approvals or denials under §§ 45-23-38 or 45-23-50. Aggrieved parties can appeal covered decisions by planning boards, appeal boards, authorized administrative officers, and technical review committees to Superior Court. Appeals must be filed within 20 days after the decision is recorded and posted in the municipal clerk's office. The decision stays in effect unless the court pauses it, and review uses the existing administrative record. The permitting authority becomes a party when someone other than the original applicant or appellant files.
Small lots gain zoning flexibility
Recorded lots need no zoning relief solely for missing minimum area, frontage, width, or depth. For undersized lots, setbacks, frontage, and width shrink proportionally, while allowed building coverage rises by the inverse proportion. Local ordinances can instead use size-matching district standards; proposals beyond applicable limits still need relief. Municipalities can require adjoining undersized lots under common ownership to merge, except when the lot meets the 50% nearby-area test within 200 feet. Ordinances must offer dimensional modifications up to 15% and can allow 25%, subject to minimal-change, neighbor-protection, flood, and wetlands standards.
Developers face revised permit filing deadlines
Major-project applicants submit required state and federal permits before final-plan approval, rather than preliminary approval. This includes wetlands, coastal, floodplain, septic, public-water, and state-road permits. A transportation letter promising a permit upon submission of bond and insurance can satisfy final-plan review; the actual permit precedes building permits. Separately, required road-access requests must be filed no later than the first municipal project document. Applicants must also give the municipality a copy of that access request.
Local planners gain flexibility and duties
Planning boards have sole local responsibility for preparing comprehensive plans and must provide for citizen participation. Plans generally can be amended four times per calendar year, but amendments allowing more housing do not count. Required amendments addressing state findings, the state guide plan, or changes to the act also do not count. Each planning-board or commission member must take floodplain-development and sea-level-rise training once every two years.
Sponsors & Cosponsors
Sponsor
Mark P. McKenney
Democratic • Senate
Cosponsors
Jacob Bissaillon
Democratic • Senate
John P. Burke
Democratic • Senate
Roll Call Votes
Senate vote • 6/20/2025
RELATING TO TOWNS AND CITIES -- LOCAL PLANNING BOARD OR COMM. Passage as Amended
Yes: 22 • No: 12
Senate vote • 6/20/2025
RELATING TO TOWNS AND CITIES -- LOCAL PLANNING BOARD OR COMM. Approval of Amendment
Yes: 32 • No: 3
Senate vote • 6/20/2025
RELATING TO TOWNS AND CITIES -- LOCAL PLANNING BOARD OR COMM. Approval of Amendment
Yes: 11 • No: 23
Senate vote • 6/20/2025
RELATING TO TOWNS AND CITIES -- LOCAL PLANNING BOARD OR COMM. Approval of Amendment
Yes: 5 • No: 29
Actions Timeline
Signed by Governor — Chapter 258
6/27/2025GovernorTransmitted to Governor
6/23/2025GovernorHouse passed Sub A as amended in concurrence
6/21/2025HousePlaced on House Calendar (06/20/2025)
6/21/2025HouseSenate passed Sub A as amended (floor amendment)
6/20/2025SenatePlaced on Senate Calendar (06/20/2025)
6/18/2025SenateCommittee recommends passage of Sub A
6/18/2025Proposed Substitute
6/17/2025Scheduled for consideration (06/18/2025)
6/16/2025Committee recommended measure be held for further study
5/29/2025Scheduled for hearing and/or consideration (05/29/2025)
5/23/2025Introduced, referred to Senate Housing and Municipal Government
5/23/2025Senate
Bill Text
S1086 - As Introduced
5/23/2025
S1086 - Substitute
5/23/2025
S1086 - Substitute As Amended
5/23/2025
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