2025 -- S 1093

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LC002877

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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A N   A C T

RELATING TO TOWNS AND CITIES -- RHODE ISLAND COMPREHENSIVE PLANNING

AND LAND USE ACT

     Introduced By: Senators Burke, and Bissaillon

     Date Introduced: May 23, 2025

     Referred To: Senate Housing & Municipal Government

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 45-22.2-10 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:

     45-22.2-10. Coordination of state agencies.

     (a) State agencies shall develop their respective programs and conduct their respective

activities in a manner consistent with the findings, intent, and goals established under this chapter.

     (b) The chief shall develop standards to assist municipalities in the incorporation of the

state goals and policies into comprehensive plans, and to guide the chief’s review of comprehensive

plans and state agency activities.

     (c) The state planning council shall adopt and maintain all rules and regulations necessary

to implement the standards established by this chapter.

     (d) The chief shall develop and make readily available to all municipalities statewide data

and technical information for use in the preparation of comprehensive plans. Data specific to each

municipality shall be provided by that municipality. The chief shall make maximum use of existing

information available from other agencies.

     (e) The chief may contract with any person, firm, or corporation to develop the necessary

planning information and coordinate with other state agencies as necessary to provide support and

technical assistance for local planning efforts.

     (f) The chief shall notify appropriate state agencies of the approval of a comprehensive

plan or amendment to a comprehensive plan.

     (g) Programs and projects of state agencies excluding those residential projects to which

the process in subsection (h)(1) of this section applies. Once a municipality’s comprehensive plan

is approved, programs and projects of state agencies, excluding the state guide plan as provided for

by § 42-11-10, shall conform to that plan. In the event that a state agency wishes to undertake a

program, project, or to develop a facility which is not in conformance with the comprehensive plan,

the state planning council shall hold a public hearing on the proposal at which the state agency must

demonstrate:

     (1) That the program, project, or facility conforms to the stated goals, findings, and intent

of this chapter; and

     (2) That the program, project, or facility is needed to promote or protect the health, safety,

and welfare of the people of Rhode Island; and

     (3) That the program, project, or facility is in conformance with the relevant sections of the

state guide plan; and

     (4) That the program implementation, project, or size, scope, and design of the facility will

vary as little as possible from the comprehensive plan of the municipality.

     (h)(1) Notwithstanding any other provisions of this chapter, in the event a state agency

wishes to undertake a program, project or to develop a facility on state-owned vacant land, state-

owned abandoned property, or state-owned underutilized or excess land, for housing purposes,

which is not in conformance with an approved and updated local comprehensive plan, and/or local

zoning ordinance provisions, then the state planning council shall hold a public hearing on the

proposal within sixty (60) days of receipt of the proposal, providing at least fourteen (14) days'

notice of the hearing to the municipality in which the property is located, where the state agency

must demonstrate:

     (i) That the program, project, or facility conforms to relevant sections of the state guide

plan prepared and adopted pursuant to § 42-11-10; and

     (ii) That the program, project, or facility is needed to promote or protect the health, safety,

and welfare of the people of Rhode Island including, but not limited to, the need for housing,

including low- and moderate-income housing; and

     (iii) That the program, project, or facility has attempted to utilize design standards and

recommendations of the relevant municipality to the extent feasible; and

     (iv) That the agency has obtained reports from experts which conclude that there will not

be a detrimental impact on traffic, stormwater, wetlands, sewer capacity, potable water availability,

or historic features; and

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     (v) That the agency has obtained feedback from the planning, zoning, and/or engineering

staff of the municipality in which the property is located.

     (2) Nothing in this section shall prevent the respective state agency from partnering with,

or transferring, leasing or selling the property upon completion of the project, to any nonprofit, or

privately-owned entity or person under any approved and lawful process.

     SECTION 2. Section 45-23-27 of the General Laws in Chapter 45-23 entitled "Subdivision

of Land" is hereby amended to read as follows:

     45-23-27. Applicability.

     (a) §§ 45-23-25 — 45-23-74 and all local regulations are applicable to all applications

under this chapter, except that the local regulations and processes adopted pursuant to this chapter

are not applicable to any program, project or to develop a facility on state-owned vacant land, state-

owned abandoned property, or state-owned underutilized or excess land, for housing purposes, so

long as the proposal has completed a public hearing pursuant to § 45-22.2-10(h).

     (b) Plats required.

     (1) All activity defined as a subdivision requires a new plat, drawn to the specifications of

the local regulations, and reviewed and approved by the planning board or its agents as provided in

this chapter; and

     (2) Prior to recording, the approved plat shall be submitted for signature and recording as

specified in § 45-23-64.

     SECTION 3. Section 45-24-28 of the General Laws in Chapter 45-24 entitled "Zoning

Ordinances" is hereby amended to read as follows:

     45-24-28. Continuation of ordinances — Supercession — Relation to other statutes.

     (a) Any zoning ordinance or amendment of the ordinance enacted after January 1, 1992,

shall conform to the provisions of this chapter. All lawfully adopted zoning ordinances shall be

brought into conformance with this chapter by December 31, 1994. Each city and town shall review

its zoning ordinance and make amendments or revisions that are necessary to bring it into

conformance with this chapter.

     (b) All zoning ordinances adopted under authority of §§ 45-24-1 through 45-24-26 or any

special zoning enabling act that is in effect on June 17, 1991, shall remain in full force and effect

until December 31, 1994, unless earlier amended so as to conform to the provisions of this chapter,

except that § 45-24-37 and § 45-24-44 shall become effective on January 1, 1992.

     (c) Former §§ 45-24-1 through 45-24-26 and all special zoning enabling acts, including,

but not limited to, chapter 2299 of the public laws of 1922, as amended (town of Westerly); chapter

1277 of the public laws of 1926, as amended (town of Narragansett); chapter 2065 of the public

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laws of 1933, as amended (town of West Warwick); chapter 2233 of the public laws of 1935, as

amended (town of Johnston); chapter 2079 of the public laws of 1948, as amended (town of North

Kingstown); chapter 3125 of the public laws of 1953, as amended (town of New Shoreham);

chapter 101 of the public laws of 1973, as amended (town of South Kingstown); are repealed

effective December 31, 1994. All provisions of zoning ordinances adopted under authority of the

provisions of former §§ 45-24-1 through 45-24-26 or of any special act are repealed and are null

and void as of December 31, 1994, unless amended so as to conform to the provisions of this

chapter.

     (d) Chapter 24.1 of this title, entitled “Historical Area Zoning”, and chapter 3 of title 1,

entitled “Airport Zoning”, are not superseded by this chapter; provided, that any appeal to the

superior court pursuant to chapter 24.1 of this title, entitled “Historical Area Zoning”, or pursuant

to chapter 3 of title 1, entitled “Airport Zoning”, is taken in the manner provided in § 45-24-69.

     (e) Nothing in this chapter shall be construed to limit the authority of agencies of state

government to perform any regulatory responsibilities. The local zoning ordinance adopted

pursuant to this chapter is not applicable to any program, project or to develop a facility on state-

owned vacant land, state-owned abandoned property, or state-owned underutilized or excess land,

for housing purposes, so long as the proposal has completed a public hearing pursuant to § 45-22.2-

10(h).

     SECTION 4. This act shall take effect January 1, 2026.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO TOWNS AND CITIES -- RHODE ISLAND COMPREHENSIVE PLANNING

AND LAND USE ACT

***

     This act would provide amendments to enable the development of state-owned vacant,

abandoned or underutilized land for housing and the process therefor.

     This act would take effect January 1, 2026.

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