On February 27, 2025, the Rhode Island General Assembly announced a 12-bill package, aimed at addressing housing issues faced by the state of Rhode Island. This marks the fifth package of housing bills introduced since 2021 and builds upon the slate of housing-related bills passed in August 2024, pursuant to a package of legislation introduced earlier that year.
Of particular interest to land use attorneys is House Bill No. 5794 (“H 5794”), which would further amend certain chapters of Rhode Island General Laws (“R.I.G.L.”) covering the subdivision of land and zoning ordinances for cities and towns. H 5794 aims to clarify certain definitions and processes set forth in the Zoning Enabling Act and Subdivision Act and would further streamline the permitting process by eliminating certain causes of delay.
Below is a summary of several key aspects of H 5794:
- H 5794 would clarify the definitions of “Minor Subdivision” and “Major Subdivision” set forth in R.I.G.L § 45-23-32.
- With respect to pre-application meetings and concept review, H 5794 would amend R.I.G.L. § 45-23-35 to remove language requiring a pre-application meeting or meetings for major land development or subdivision applications, and make holding a pre-application meeting discretionary, at the request of the applicant.
- Regarding certifications of completeness, H 5794 would amend R.I.G.L. § 45-23-36 to clarify that, “an application shall not be deemed incomplete for reasons other than the failure to supply an item or items listed on the applicable checklist.”
- Regarding the expiration of final approval of major subdivisions or land development projects, H 5794 would amend R.I.G.L. § 45-23-39 to extend the expiration date of the final approval from one (1) year to two (2) years from the date of approval, giving developers increased time to begin and complete their projects once approved.
- With respect to low and moderate income housing requirements for adaptive reuse projects, H 5794 would amend R.I.G.L. § 45-24-37 to remove the requirement that a development must include at least twenty percent (20%) low and moderate income housing and instead require that a development under this section must have not less than ten percent (10%) low or moderate income housing, in order to avoid certain density requirements.
Looking Forward
On March 18, 2025, the House Judiciary Committee recommended that measure be held for further study regarding H 5794. It is unclear whether H 5794 will be voted in or passed, however, if H 5794 is passed, it will streamline the permitting process and further promote real estate development in Rhode Island. Thus, land use attorneys and developers alike should familiarize themselves with the substance of H 5794 to prepare for a potentially further-refined permitting process marked by additional changes to definitions, timelines, and requirements contained in pertinent R.I.G.L. provisions.
