2023 -- H 6085
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LC002439
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S TATE OF RHODE IS LAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
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A N A C T
RELATING TO TOWNS AND CITIES -- RHODE ISLAND COMPREHENSIVE PLANNING
AND LAND USE ACT
Introduced By: Representatives Casey, Shekarchi, Corvese, J. Brien, Noret, Speakman,
Potter, Marszalkowski, Kazarian, and Costantino
Date Introduced: March 03, 2023
Referred To: House Municipal Government & Housing
It is enacted by the General Assembly as follows:
SECTION 1. Sections 45-22.2-6, 45-22.2-12 and 45-22.2-13 of the General Laws in 1
Chapter 45-22.2 entitled "Rhode Island Comprehensive Planning and Land Use Act" are hereby 2
amended to read as follows: 3
45-22.2-6. Required content of a comprehensive plan. 4
(a) The Except as set forth herein, the comprehensive plan must utilize a minimum twenty 5
(20) year planning timeframe in considering forecasts, goals, and policies. 6
(b) The comprehensive plan must be internally consistent in its policies, forecasts, and 7
standards, and shall include the content described within this section. The content described in 8
subdivisions (1) through (10) may be organized and presented as deemed suitable and appropriate 9
by the municipality. The content described in subdivisions (11) and (12) must be included as 10
individual sections of the plan. 11
(1) Goals and policies. The plan must identify the goals and policies of the municipality 12
for its future growth and development and for the conservation of its natural and cultural resources. 13
The goals and policies of the plan shall be consistent with the goals and intent of this chapter and 14
embody the goals and policies of the state guide plan. 15
(2) Maps. The plan must contain maps illustrating the following as appropriate to the 16
municipality: 17
(i) Existing conditions: 18
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(A) Land use, including the range of residential housing densities; 1
(B) Zoning; 2
(C) Key infrastructure such as, but not limited to, roads, public water, and sewer; 3
(D) Service areas for public water and sewer; 4
(E) Historical and cultural resource areas and sites; 5
(F) Open space and conservation areas (public and private); and 6
(G) Natural resources such as, but not limited to, surface water, wetlands, floodplains, soils, 7
and agricultural land; 8
(ii) Future land use illustrating the desired patterns of development, density, and 9
conservation as defined by the comprehensive plan; and 10
(iii) Identification of discrepancies between future land uses and existing zoning use 11
categories. 12
(3) Natural resource identification and conservation. The plan must be based on an 13
inventory of significant natural resource areas such as, but not limited to, water, soils, prime 14
agricultural lands, forests, wildlife, wetlands, aquifers, coastal features, and floodplains. The plan 15
must include goals, policies, and implementation techniques for the protection and management of 16
these areas. 17
(4) Open space and outdoor recreation identification and protection. The plan must be 18
based on an inventory of outdoor recreational resources, open space areas, and recorded access to 19
these resources and areas. The plan must contain an analysis of forecasted needs, policies for the 20
management and protection of these resources and areas, and identification of areas for potential 21
expansion. The plan must include goals, policies, and implementation techniques for the protection 22
and management of existing resources and acquisition of additional resources if appropriate. 23
(5) Historical and cultural resources identification and protection. The plan must be based 24
on an inventory of significant historical and cultural resources such as historical buildings, sites, 25
landmarks, and scenic views. The plan must include goals, policies, and implementation techniques 26
for the protection of these resources. 27
(6) Housing. The plan must include the identification of existing housing patterns, an 28
analysis of existing and forecasted housing needs, and identification of areas suitable for future 29
housing development or rehabilitation. The plan shall include an affordable housing program that 30
meets the requirements of § 42-128-8.1, the “Comprehensive Housing Production and 31
Rehabilitation Act of 2004” and chapter 53 of this title, the “Rhode Island Low and Moderate 32
Income Housing Act.” The plan must include goals and policies that further the goal of § 45-22.2-33
3(c)(3) and implementation techniques that identify specific programs to promote the preservation, 34
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production, and rehabilitation of housing, as well as specific goals, implementation actions, and 1
time frames for development of low- and moderate-income housing, as defined in § 45-53-3. 2
(7) Economic development. The plan must include the identification of existing types and 3
patterns of economic activities including, but not limited to, business, commercial, industrial, 4
agricultural, and tourism. The plan must also identify areas suitable for future economic expansion 5
or revitalization. The plan must include goals, policies, and implementation techniques reflecting 6
local, regional, and statewide concerns for the expansion and stabilization of the economic base 7
and the promotion of quality employment opportunities and job growth. 8
(8) Services and facilities. The plan must be based on an inventory of existing physical 9
infrastructure such as, but not limited to, educational facilities, public safety facilities, libraries, 10
indoor recreation facilities, and community centers. The plan must describe services provided to 11
the community such as, but not limited to, water supply and the management of wastewater, storm 12
water, and solid waste. The plan must consider energy production and consumption. The plan must 13
analyze the needs for future types and levels of services and facilities, including, in accordance 14
with § 46-15.3-5.1, water supply system management planning, which includes demand 15
management goals as well as plans for water conservation and efficient use of water concerning 16
any water supplier providing service in the municipality, and contain goals, policies, and 17
implementation techniques for meeting future demands. 18
(9) Circulation/Transportation. The plan must be based on an inventory and analysis of 19
existing and proposed major circulation systems, including transit and bikeways; street patterns; 20
and any other modes of transportation, including pedestrian, in coordination with the land use 21
element. Goals, policies, and implementation techniques for the provision of fast, safe, efficient, 22
and convenient transportation that promotes conservation and environmental stewardship must be 23
identified. 24
(10) Natural hazards. The plan must include an identification of areas that could be 25
vulnerable to the effects of sea-level rise, flooding, storm damage, drought, or other natural hazards. 26
Goals, policies, and implementation techniques must be identified that would help to avoid or 27
minimize the effects that natural hazards pose to lives, infrastructure, and property. 28
(11) Land use. In conjunction with the future land use map as required in subsection 29
(b)(2)(ii) of this section, the plan must contain a land use component that designates the proposed 30
general distribution and general location and interrelationships of land uses including, but not 31
limited to, residential, commercial, industrial, open space, agriculture, recreation facilities, and 32
other categories of public and private uses of land. The land use component shall be based upon 33
the required plan content as stated in this section. It shall relate the proposed standards of population 34
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density and building intensity to the capacity of the land and available or planned facilities and 1
services. The land use component must contain an analysis of the inconsistency of existing zoning 2
districts, if any, with planned future land use. The land use component shall specify the process and 3
schedule by which the zoning ordinance and zoning map shall be amended to conform to the 4
comprehensive plan and shall be included as part of the implementation program, but in no event 5
shall it take longer than twelve (12) months for a zoning map not be brought into compliance with 6
the future land use map. The future land use map in a valid comprehensive plan updated in 7
accordance with this chapter shall govern all local municipal land use decisions. 8
(12) Implementation program. 9
(i) A statement which defines and schedules the specific public actions to be undertaken in 10
order to achieve the goals and objectives of each component of the comprehensive plan. Scheduled 11
expansion or replacement of public facilities, and the anticipated costs and revenue sources 12
proposed to meet those costs reflected in a municipality’s capital improvement program, must be 13
included in the implementation program. 14
(ii) The implementation program identifies the public actions necessary to implement the 15
objectives and standards of each component of the comprehensive plan that require the adoption or 16
amendment of codes and ordinances by the governing body of the municipality. 17
(iii) The implementation program identifies other public authorities or agencies owning 18
water supply facilities or providing water supply services to the municipality, and coordinates the 19
goals and objectives of the comprehensive plan with the actions of public authorities or agencies 20
with regard to the protection of watersheds as provided in § 46-15.3-1 et seq. 21
(iv) The implementation program must detail the timing and schedule of municipal actions 22
required to amend the zoning ordinance and map to conform to the comprehensive plan. 23
(v) The implementation program shall contain a concise five (5) year strategic plan that is 24
reviewed and updated annually so that the goals and policies of the comprehensive plan are 25
implemented during the life of the comprehensive plan. The annual review and updated status of 26
the strategic plan must be submitted to the town or city council for review and approval. 27
45-22.2-12. Maintaining and re-adopting the plan. 28
(a) A municipality must maintain a single version of the comprehensive plan including all 29
amendments, appendices, and supplements. One or more complete copies of the comprehensive 30
plan including, all amendments, shall be made available for review by the public. Availability shall 31
include print, digital formats, and placement on the internet. 32
(b) A municipality shall periodically review and amend its plan in a timely manner to 33
account for changing conditions. At a minimum, a municipality shall fully update and re-adopt its 34
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entire comprehensive plan, including supplemental plans, such as, but not limited to, special area 1
plans, that may be incorporated by reference, at least once every ten (10) years from the date of 2
municipal adoption. A minimum twenty (20) year planning timeframe in considering forecasts, 3
goals, and policies must be utilized for an update. If a municipality fails to fully update and re-4
adopt its comprehensive plan within twelve (12) years from the date of the previous plan's adoption, 5
such municipality shall not be able to utilize the comprehensive plan as a basis for denial of a 6
municipal land use decision. 7
(c) A newly adopted plan shall supersede all previous versions. 8
(d) A municipality shall file an informational report on the status of the comprehensive 9
plan implementation program with the chief not more than five (5) years from the date of municipal 10
approval. 11
45-22.2-13. Compliance and implementation. 12
(a) The municipality is responsible for the administration and enforcement of the plan. 13
(b) All municipal land use decisions shall be in conformance with the locally adopted 14
municipal comprehensive plan subject to § 45-22.2-12(b). 15
(c) Each municipality shall amend its zoning ordinance and map to conform to the 16
comprehensive plan in accordance with the implementation program as required by § 45-22.2-17
6(b)(11) and § 45-22.2-6(b)(12)(iv). The zoning ordinance and map in effect at the time of plan 18
adoption shall remain in force until amended. In Except with respect to comprehensive plans which 19
have failed to be updated within twelve (12) years, as set forth in § 45-22.2-6(b)(11), in instances 20
where the zoning ordinance is in conflict with an adopted comprehensive plan, the zoning ordinance 21
in effect at the time of the comprehensive plan adoption shall direct municipal land use decisions 22
until such time as the zoning ordinance is amended to achieve consistency with the comprehensive 23
plan and its implementation schedule. In instances of uncertainty in the internal construction or 24
application of any section of the zoning ordinance or map, the ordinance or map shall be construed 25
in a manner that will further the implementation of, and not be contrary to, the goals and policies 26
and applicable content of the adopted comprehensive plan. 27
(d) Limitations on land use approvals may be imposed according to the following 28
provisions in addition to any other provision that may be required by law. 29
(1) Nothing in the chapter shall be deemed to preclude municipalities from imposing 30
limitations on the number of building permits or other land use approvals to be issued at any time, 31
provided such limitations are consistent with the municipality’s comprehensive plan in accordance 32
with this chapter and are based on a reasonable, rational assessment of the municipality’s 33
sustainable capacity for growth. 34
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(2) In the event of a dire emergency not reasonably foreseeable as part of the 1
comprehensive planning process, a municipality may impose a limitation on the number of building 2
permits or other land use approvals to be issued at any time, provided that such limitation is 3
reasonably necessary to alleviate the emergency and is limited to the time reasonably necessary to 4
alleviate the emergency. 5
(e) A one-time moratorium, for the purpose of providing interim protection for a planned 6
future land use or uses, may be imposed during the twelve (12) months subsequent to the adoption 7
of the local comprehensive plan provided that a change to the zoning ordinance and map has been 8
identified and scheduled for implementation within twelve (12) months of plan adoption. The 9
moratorium shall be enacted as an ordinance and may regulate, restrict, or prohibit any use, 10
development, or subdivisions under the following provisions: 11
(1) The moratorium is restricted to those areas identified on the map or maps as required 12
by § 45-22.2-6(b)(2)(iii). 13
(2) A notice of the moratorium must be provided by first class mail to property owners 14
affected by said moratorium at least fourteen (14) days in advance of the public hearing. 15
(3) The ordinance shall specify: 16
(i) The purpose of the moratorium; 17
(ii) The date it shall take effect and the date it shall end; 18
(iii) The area covered by the moratorium; and 19
(iv) The regulations, restrictions, or prohibitions established by the moratorium. 20
(4) The moratorium may be extended up to an additional ninety (90) days if necessary to 21
complete a zoning ordinance and map change provided that: (i) The public hearing as required by 22
§ 45-24-53 has commenced; and (ii) The chief approves the extension based on a demonstration of 23
good cause. Said extension shall not be deemed as non-conformance to the implementation 24
schedule. 25
(f) A moratorium enacted under the provisions of subsection (e) shall not apply to state 26
agencies until such time that the municipal comprehensive plan receives approval from the chief 27
or superior court. 28
(g) In the event a municipality fails to amend its zoning ordinance and map to conform to 29
the comprehensive plan within the implementation schedule, or by the expiration of the moratorium 30
period, a municipality must amend either their implementation schedule or, if the future land use is 31
no longer desirable or feasible, amend the future land use map. 32
(1) Failure to comply with this provision within one hundred twenty (120) days of the date 33
of the implementation schedule or the expiration of the moratorium period shall result in the denial 34
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or rescission, in whole or in part, of state approval of the comprehensive plan and of all benefits 1
and incentives conditioned on state approval. 2
(2) An implementation schedule amended under this provision shall not be eligible for an 3
additional moratorium as provided for in subsection (e). 4
SECTION 2. This act shall take effect upon passage. 5
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO TOWNS AND CITIES -- RHODE ISLAND COMPREH ENSIVE PLANNING
AND LAND USE ACT
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This act would amend the required contents of a comprehensive plan, providing that the 1
"implementation program" component of the requirements include a five (5) year strategic plan to 2
ensure that the comprehensive plan goals and policies are implemented in a timely fashion. 3
This act would take effect upon passage. 4
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LC002439
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