| Chapter 301 |
| 2024 -- S 2988 SUBSTITUTE A Enacted 06/25/2024 |
| A N A C T |
| RELATING TO TOWNS AND CITIES -- RHODE ISLAND COMPREHENSIVE PLANNING AND LAND USE ACT |
Introduced By: Senator F. Lombardi |
| Date Introduced: April 16, 2024 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Section 45-22.2-13 of the General Laws in Chapter 45-22.2 entitled "Rhode |
| Island Comprehensive Planning and Land Use Act" is hereby amended to read as follows: |
| 45-22.2-13. Compliance and implementation. [Effective March 1, 2024.] |
| (a) The municipality is responsible for the administration and enforcement of the plan. |
| (b) All municipal land use decisions shall be in conformance with the locally adopted |
| municipal comprehensive plan subject to § 45-22.2-12(b). |
| (c) Each municipality shall amend its zoning ordinance and map to conform to the |
| comprehensive plan in accordance with the implementation program as required by § 45-22.2- |
| 6(b)(11) and § 45-22.2-6(b)(12)(iv). The zoning ordinance and map in effect at the time of plan |
| adoption shall remain in force until amended. Except with respect to comprehensive plans that have |
| failed to be updated within twelve (12) years, as set forth in § 45-22.2-6(b)(11), in instances where |
| the zoning ordinance is in conflict with an adopted comprehensive plan, the zoning ordinance in |
| effect at the time of the comprehensive plan adoption shall direct municipal land use decisions until |
| such time as the zoning ordinance is amended to achieve consistency with the comprehensive plan |
| and its implementation schedule. In instances of uncertainty in the internal construction or |
| application of any section of the zoning ordinance or map, the ordinance or map shall be construed |
| in a manner that will further the implementation of, and not be contrary to, the goals and policies |
| and applicable content of the adopted comprehensive plan. |
| (d) Limitations on land use applications, review, and approvals may be imposed according |
| to only the following provisions in addition to any other provision that may be required by law.: |
| (1) Nothing in the chapter shall be deemed to preclude municipalities from imposing |
| reasonable limitations on the number of building permits or other land use approvals to be issued |
| at any time, provided such limitations are consistent with the municipality’s comprehensive plan |
| in accordance with this chapter and are based on a reasonable, rational assessment of the |
| municipality’s sustainable capacity for growth. If such limitation is applied to residential building |
| permits, the limitation must be vital to protecting public health and welfare and it must be |
| demonstrated that there is no other means available to protect public health and welfare given the |
| need for additional housing units in the community. No such limitation shall be applicable to |
| applications submitted as part of a comprehensive permit project under § 45-53-4 or units to be |
| developed under inclusionary zoning. |
| (2) In the event of a dire emergency not reasonably foreseeable as part of the |
| comprehensive planning process, a municipality may impose a limitation on the number of building |
| permits or other land use approvals to be issued at any time, provided that such limitation is |
| reasonably necessary to alleviate the emergency and is limited to the time reasonably necessary to |
| alleviate the emergency, but in no event shall such limitation be in place longer than one hundred |
| twenty (120) days. |
| (e) A one-time moratorium, for the purpose of providing interim protection for a planned |
| future land use or uses, may be imposed during the twelve (12) months subsequent to the adoption |
| of the local comprehensive plan provided that a change to the zoning ordinance and map has been |
| identified and scheduled for implementation within twelve (12) months of plan adoption. The |
| moratorium shall be enacted as an ordinance and may regulate, restrict, or prohibit any use, |
| development, or subdivisions under the following provisions: |
| (1) The moratorium is restricted to those areas identified on the map or maps as required |
| by § 45-22.2-6(b)(2)(iii). |
| (2) A notice of the moratorium must be provided by first class mail to property owners |
| affected by said moratorium at least fourteen (14) days in advance of the public hearing. |
| (3) The ordinance shall specify: |
| (i) The purpose of the moratorium; |
| (ii) The date it shall take effect and the date it shall end; |
| (iii) The area covered by the moratorium; and |
| (iv) The regulations, restrictions, or prohibitions established by the moratorium. |
| (4) The moratorium may be extended up to an additional ninety (90) days if necessary to |
| complete a zoning ordinance and map change provided that: (i) The public hearing as required by |
| § 45-24-53 has commenced; and (ii) The chief approves the extension based on a demonstration of |
| good cause. Said extension shall not be deemed as non-conformance to the implementation |
| schedule. |
| (f) A moratorium enacted under the provisions of subsection (e) of this section shall not |
| apply to state agencies until such time that the municipal comprehensive plan receives approval |
| from the chief or superior court. |
| (g) In For a moratorium enacted under the provisions of subsection (e) of this section, in |
| the event a municipality fails to amend its zoning ordinance and map to conform to the |
| comprehensive plan within the implementation schedule, or by the expiration of the moratorium |
| period, a municipality must amend either their implementation schedule or, if the future land use is |
| no longer desirable or feasible, amend the future land use map. |
| (1) Failure to comply with this provision within one hundred twenty (120) days of the date |
| of the implementation schedule or the expiration of the moratorium period shall result in the denial |
| or rescission, in whole or in part, of state approval of the comprehensive plan and of all benefits |
| and incentives conditioned on state approval. |
| (2) An implementation schedule amended under this provision shall not be eligible for an |
| additional moratorium as provided for in subsection (e) of this section. |
| (h) For any moratorium related to the submission, review, or approval of any land use |
| application for residential housing development, other than that covered by subsection (e) of this |
| section, such moratorium must be vital to protecting public health and welfare and it must be |
| demonstrated that there is no other means available to protect public health and welfare given the |
| need for additional housing units in the community. No such limitation shall be applicable to |
| applications submitted as part of a comprehensive permit project under § 45-53-4, or units to be |
| developed under inclusionary zoning. The proposal for such moratorium shall be advertised in a |
| newspaper of local circulation at least fourteen (14) days in advance of the hearing and shall be |
| posted on the municipal website for the fourteen (14) days in advance of the hearing on the same. |
| A moratorium under this provision shall not last for longer than one hundred twenty (120) days. A |
| moratorium under this provision must include a vesting provision which that vests all applications |
| which that are substantially complete at the time of the enactment of the moratorium. |
| SECTION 2. This act shall take effect upon passage. |
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| LC005871/SUB A |
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