Rhode IslandS33022026 Regular SessionSenate

AN ACT RELATING TO COURTS AND CIVIL PROCEDURE--COURTS -- SUPERIOR COURT .

Sponsored By: Jacob Bissaillon (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

28 provisions identified: 12 benefits, 3 costs, 13 mixed.

Easier path for affordable housing projects

Starting January 1, 2026, projects with at least 25% low‑ or moderate‑income units can file one comprehensive permit, unless the town already has over 10% low/mod housing and a compliant inclusionary law, unless the town allows it. Towns may not impose moratoria or numerical limits on comprehensive‑permit applications, except for approved achieving communities. From January 1, 2026, towns cannot require more than one off‑street parking space per unit for units up to two bedrooms in these applications. Also from January 1, 2026, towns cannot cap bedrooms below three for single‑family units in these applications. From January 1, 2026, towns with more than 10% low/mod housing may offer density bonuses and other incentives they adopt.

Faster affordable housing permits and bonuses

The law speeds up comprehensive permits and locks in clear timelines. A permit lapses if work does not start in 12 months and finish in 60 months after the final plan is recorded, unless a longer or phased schedule is agreed. Affordable units must be built and occupied before or with market-rate homes. Boards must make evidence-based findings and ensure affordable homes are integrated and generally at least 75% the size of market homes. Multi‑family rentals built under a comprehensive permit count toward a town’s affordable housing inventory if compliant. Beginning January 1, 2026, towns with 10% or less affordable housing must offer subsidies and zoning incentives, with minimum density set by how many affordable units are provided and by sewer/water status. Boards decide these permits by a simple majority of members present.

Land use appeals shift to Superior Court

Beginning January 1, 2024, you appeal comprehensive-permit decisions to Superior Court. File within 20 days after the decision is recorded and posted; serve the board, and the board must file the record in 30 days. The Superior Court runs a dedicated land use calendar, with briefs due within 60 days of the certified record and limited continuances. Cases pending at the state housing appeals board could be transferred by March 1, 2024, with the full record due in 45 days. On remand, local boards must start hearings within 30 days. Decisions on minor reviews remain appealable under state law.

Statewide ADU definition starts in 2026

Beginning January 1, 2026, an accessory dwelling unit (ADU) is a separate living unit on the same lot as a legal home. It can be detached, part of another accessory structure, or part of the main house. This statewide definition guides local zoning for homeowners who want to add an ADU.

Taller homes allowed in flood zones

Beginning January 1, 2026, building height is measured from set grade points. For properties in FEMA flood areas or on the CRMC SDE map, a portion of elevation is excluded from height: the greater of FEMA base flood elevation plus up to 5 feet of freeboard, or the CRMC suggested design elevation, each minus average existing grade. The Coastal Council must reevaluate the SDE map at least every 10 years.

State tracking and priority for housing

State agencies give priority, where allowed, to towns with an approved affordable housing plan. The Executive Office of Housing must publish a public report each year by March 15 with letters of eligibility, subsidy sources, unit counts, and permit status by town; towns must report by February 1. These reports stay online for at least three years. In 2004, towns that were not in conformity had to prepare a housing element and send progress reports; those deadlines have passed.

Tighter limits on local housing moratoria

For most residential moratoria, a town must prove it is vital to public health and that no other option exists. A moratorium cannot cover comprehensive‑permit projects or inclusionary units, must be advertised at least 14 days before hearing, and may last no more than 120 days. It must protect applications that were already substantially complete when enacted. A one‑time post‑adoption moratorium does not bind state agencies until the plan is approved by the chief or Superior Court. If a town amends its implementation schedule to fix nonconformity, it cannot use another one‑time moratorium on that schedule.

Easier building on small and narrow lots

Towns must let you build on single substandard lots of record without needing a variance just for lot size, frontage, width, or depth. Setbacks and widths are reduced in proportion to lot size, and building coverage can increase by the inverse proportion. You may also get neighborhood character-based relief up to the average of similar residential lots within 200 feet; a surveyor must confirm the average. The officer must decide in 10 days; changes up to 30% need no notice, but larger ones require mailed and published notice and a 14‑day objection window. Small modifications (5% or less) can be approved without notice; bigger ones require notice, a 14‑day objection period, and you pay notice costs.

Faster local reviews and deadlines

Towns must move faster on land-use reviews. Pre-application meetings are allowed, and if a conference is not held in 30 days, you can file for preliminary review. Completeness must be decided in 25 days (15 days for some minor plans), and the clock pauses when you fix an incomplete filing. Preliminary decisions are due in 65 or 95 days, and final-plan actions in 25 days; inaction means approval. Small plan changes can be approved administratively, but major changes go back for hearings, with written notice to you within 14 days. Administrative subdivision approvals expire in 90 days if not recorded, and minor approvals expire in one year unless you record or get an extension. Approved plans vest for two years, can be extended for good cause, and the vesting clock pauses during appeals.

Faster permits and safeguards for affordable projects

Local boards must decide comprehensive-permit stages on a clock: 60 days for master, 90 for preliminary, 45 for final; no decision means approval. Final plans must include required state and federal permits and a monitoring agreement. Affordable units must be secured by a deed restriction or land lease for at least 30 years, and taxes must be current. Towns may charge fees like comparable projects, but you can show fees make your project infeasible. Decisions must be recorded in land records within 20 days and mailed with proof. Boards can add reasonable conditions, and you may present evidence when a condition is infeasible before a final vote.

One unified review, clear hearing rules

Cities and towns must use a single, unified development review with one public hearing. Notices go to properties within 200 feet and, when needed, to neighboring towns and watersheds. Applicants pay the notice costs, and notices must list any variances or special‑use permits. Variances and special‑use permits are heard with the matching stage (master or preliminary), and decision deadlines and expiration dates match the project stage. After a final‑plan decision, appeals are limited to new issues not decided earlier. Boards must base findings on legally competent evidence in the record.

Stronger local control of developments

You must submit a plan and get approval before starting any land development project. Local rules can set site size, allowed uses, density, roads, utilities, parking, buffers, and landscaping. When open space is required, the land must be conveyed to the town, a nonprofit, an owners’ trust, or remain private with strict limits; if not conveyed to the town, a perpetual restriction and a management plan are required.

Towns can cap growth or give bonuses

A city or town may limit building permits if the limit follows its comprehensive plan and is vital to protect public health and welfare. These limits do not apply to comprehensive-permit projects or inclusionary units. A town with more than 10% low- or moderate‑income housing may cap, each year, the total units from for‑profit comprehensive‑permit applications at 1% of its year‑round housing units and process them in order received. Beginning January 1, 2027, towns that newly reach the 10% threshold can apply for a 12‑month “achieving communities” term to use density bonuses and related benefits, up to two terms with state approval.

Faster minor zoning fixes and certificates

Zoning rules now let the enforcement officer grant small dimensional changes. Towns must allow up to 15%, and may allow up to 25%. The officer must decide within 10 days and the change cannot harm neighbors, need a flood‑hazard variance, or break wetlands rules. If you ask in writing, the official must issue a zoning certificate or give information within 20 days. If there is no written reply in 20 days, you can appeal to the zoning board.

Quicker administrative subdivision decisions

For administrative subdivisions, the officer has 20 days to certify completeness and 20 days to decide once complete. If the officer does not act in 20 days, the plan is approved on your request. Denials can be appealed, or you can resubmit as a minor subdivision. You may file a small zoning modification request with the subdivision; if granted, the case stays administrative, otherwise it moves to unified review. No Class 1 survey is needed when you only merge lots. Decisions must be written, filed, and posted, and limited findings apply to minor cases handled administratively.

Zoning waived for small group homes

Beginning January 1, 2026, licensed community residences with six or fewer children or adults with intellectual or developmental disabilities are allowed in family settings. All local zoning rules are waived for these licensed homes. This removes local barriers and supports community living.

More projects qualify as minor

The law sets statewide minimums for what counts as a minor land development. Examples include small commercial up to 7,500 square feet, expansions up to 50% or 10,000 square feet, mixed‑use with up to six homes and 2,500 square feet of nonresidential space, and multi‑family or condos of nine units or fewer. Towns may raise but not lower these thresholds. Oversized‑lot subdivisions are reviewed under the subdivision rules and are not forced to seek zoning relief just because new lots are smaller. Reduced‑requirement and streamlined processes may apply, and state lot size and permit rules still apply.

Updated small-lot subdivision standards

More projects count as minor subdivisions, including oversized‑lot splits. For oversized lots, minimum lot size is 3,000 sq ft with public water and sewer; 10,000 sq ft if a private well is feasible or on‑site wastewater is used; and 20,000 sq ft when both a private well and on‑site wastewater are used. State environmental and permit rules still apply.

More paperwork at minor final plans

At final plan submission for a minor subdivision or minor land development, you must file legal documents, easements, and all required state or federal permits. This includes wetlands, coastal, floodplain, on‑site wastewater, public water, and state road connection permits. A DOT permit can be shown by a letter that issuance will occur with bond and insurance, but the actual DOT permit is required before a building permit can be issued.

Limits on converting homes to co-living

Beginning January 1, 2026, the law defines co‑living housing as private sleeping units with shared bathrooms or kitchens. You may not convert existing dwelling units to co‑living unless a local zoning ordinance allows it or another statute permits it.

Past pause on for-profit permits

From February 13, 2004 to January 31, 2005, private for‑profit developers were barred from using the comprehensive permit process. New applications were not allowed until July 1, 2005, unless the local board agreed. Towns that submitted a plan could also refuse to accept new for‑profit applications until October 1, 2005.

Clear approval standards and lot-line rules

Before approval, boards must record five positive findings: plan consistency; zoning compliance or granted relief; no significant environmental harm with conditions; no creation of lots with physical constraints unless protected; and permanent access to a public street. For administrative lot-line changes, you cannot create new lots, increase dimensional nonconformities without relief, or remove adequate street access without replacement.

Stronger conditions on zoning variances

When a board grants a variance or rules on an appeal, it can add enforceable conditions based on credible evidence. For a use variance, the board may limit the type, intensity, design, or operations to reduce impacts on neighbors. These conditions must be written into the decision. Breaking a condition is a zoning violation.

Tougher variances, protections for small lots

Use variances now require proof the land or structure has no beneficial use under the rules. Dimensional variances need a hardship that is more than a mere inconvenience, and relief must be the minimum needed; profit or added value cannot justify it. Towns may only force the merger of contiguous substandard lots to the extent needed to create one conforming lot; remaining lots keep protections. No merger is required if a substandard lot is at least 50% of lots within 200 feet, unless those lots were already merged by a recorded plan.

Unified variance process with clear notice

Where towns adopt unified development review, you file variance requests with your project and get a single public hearing. For administrative subdivisions and minor projects, variance or special-use requests must be submitted early and decided before plan approval. Variance hearings require at least 14 days’ public notice, first-class mailed notices, postings, and a notarized mailing affidavit; you pay the notice costs. To grant a variance, boards must find the hardship comes from the land or structure, is not self-created, and will not alter neighborhood character or impair the plan or ordinance.

Cities must align plans and zoning

Cities and towns must keep their comprehensive plans consistent with this law and chapters 23 and 24 of title 45. They must submit plans, amendments, zoning text, maps, and status reports to the state’s chief for review. Local land‑use decisions must follow the adopted plan, and zoning must be amended on the schedule in the plan to match it. Until zoning is updated, the current ordinance stays in effect and guides decisions.

New land-use appeal rules in court

You can appeal certain land‑use decisions to Superior Court by filing within 20 days after the decision is recorded and posted. The permitting authority must file the record with the court within 30 days after being served. The court reviews the record without a jury, may allow extra evidence, and can affirm, remand, reverse, or modify for legal errors or arbitrary action. Filing an appeal does not automatically stop the project unless the court grants a stay. You cannot seek dismissal just because the case is on the land‑use calendar. Beginning January 1, 2026, anyone who can show property injury or who must receive notice qualifies as an aggrieved party.

Short moratorium tools and state penalties

A town may pause building permits or land‑use approvals during a dire emergency, but only as long as needed and no more than 120 days. After adopting a new comprehensive plan, a town may enact a one‑time moratorium for up to 12 months (with a possible 90‑day extension) if a mapped zoning change is scheduled within 12 months. If a town fails to amend its zoning and map on schedule or by the moratorium’s end, it must update its schedule or future land use map. If it still fails within 120 days, the state can deny or rescind plan approval and the town loses benefits tied to that approval.

Sponsors & Cosponsors

Sponsor

Jacob Bissaillon
Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 83 • No: 26

House vote • 6/11/2026

CIVIL PROCEDURE- SUPERIOR COURT PASSAGE IN CONCURRENCE

Yes: 59 • No: 12

Senate vote • 6/10/2026

COURTS AND CIVIL PROCEDURE-- COURTS -- SUPERIOR COURT Passage

Yes: 24 • No: 14

Actions Timeline

Signed by Governor — Chapter 407
6/23/2026Governor
Transmitted to Governor
6/18/2026Governor
House passed in concurrence
6/11/2026House
Placed on House Calendar (06/11/2026)
6/10/2026House
Senate read and passed
6/10/2026Senate
Placed on Senate Calendar (06/10/2026)
6/9/2026Senate
Committee recommends passage
6/9/2026
Scheduled for consideration (06/09/2026)
6/5/2026
Committee recommended measure be held for further study
5/21/2026
Scheduled for hearing and/or consideration (05/21/2026)
5/15/2026
Introduced, referred to Senate Housing and Municipal Government
5/15/2026Senate

Bill Text

S3302 - As Introduced
5/15/2026
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