Rhode Island 2025 Regular Session

Rhode Island House Bill H6213 Compare Versions

Only one version of the bill is available at this time.

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5	5	2025 -- H 6213
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7	7	LC002697
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9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2025
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO TOWNS AN D CITIES -- RHODE ISLAND COMPREHENSIVE PLANNING
16	16	AND LAND USE ACT--COMPREHENSIVE PERMITS PROHIBITED IN WATERSHED
17	17	OVERLAY PROTECTION
18	18	Introduced By: Representatives Edwards, and McGaw
19	19	Date Introduced: April 09, 2025
20	20	Referred To: House Municipal Government & Housing
21	21	(Tiverton)
22	22
23	23	It is enacted by the General Assembly as follows:
24	24	SECTION 1. Section 45-22.2-4 of the General Laws in Chapter 45-22.2 entitled "Rhode 1
25	25	Island Comprehensive Planning and Land Use Act" is hereby amended to read as follows: 2
26	26	45-22.2-4. Definitions. 3
27	27	As used in this chapter the following words have the meanings stated herein: 4
28	28	(1) “Agricultural land” means land suitable for agriculture by reason of suitability of soil 5
29	29	or other natural characteristics or past use for agricultural purposes. 6
30	30	(2) “Capacity” or “land capacity” means the suitability of the land, as defined by geology, 7
31	31	soil conditions, topography, and water resources, to support its development for uses such as 8
32	32	residential, commercial, industrial, open space, or recreation. Land capacity may be modified by 9
33	33	provision of facilities and services. 10
34	34	(3) “Capital improvements program” means a proposed schedule of all future projects 11
35	35	listed in order of construction priority together with cost estimates and the anticipated means of 12
36	36	financing each project. 13
37	37	(4) “Chief” means the highest-ranking administrative officer of the division of planning as 14
38	38	established by § 42-11-10(g). 15
39	39	(5) “Coastal features” means any coastal beach, barrier island or spit, coastal wetland, 16
40	40	coastal headland, bluff or cliff, rocky shore, manmade shoreline or dune as outlined and defined by 17
41	41	the coastal resources management program, and as may be amended. 18
42	42
43	43
44	44	LC002697 - Page 2 of 5
45	45	(6) “Comprehensive plan” or “comprehensive land use plan” means a document containing 1
46	46	the components described in this chapter, including the implementation program which is 2
47	47	consistent with the goals and guidelines established by this chapter. 3
48	48	(7) “Days” means calendar days. 4
49	49	(8) “Division of planning” means the office established as a division of the department of 5
50	50	administration by § 42-11-10(g). 6
51	51	(9) “Floodplains” or “flood hazard area” means an area that is subject to a flood from a 7
52	52	storm having a one percent (1%) chance of being equaled or exceeded in any given year, as 8
53	53	delineated on a community’s flood hazard map as approved by the federal emergency management 9
54	54	agency pursuant to the National Flood Insurance Act of 1968, as amended (Pub. L. No. 90-448), 10
55	55	42 U.S.C. § 4011 et seq. 11
56	56	(10) “Forecast” means a description of the conditions, quantities, or values anticipated to 12
57	57	occur at a designated future time. 13
58	58	(11) “Goals” means those goals stated in § 45-22.2-3. 14
59	59	(12) “Historic or cultural resource” means any real property, structure, natural object, 15
60	60	place, landmark, landscape, archaeological site or configuration or any portion or group of the 16
61	61	preceding which has been listed on the federal or state register of historic places or that is 17
62	62	considered by the Rhode Island Historical Preservation & Heritage Commission to meet the 18
63	63	eligibility criteria for listing on the state register of historic places pursuant to § 42-45-5 or is located 19
64	64	in a historic district established by a municipality in accordance with chapter 24.1 of this title, 20
65	65	Historic Area Zoning. 21
66	66	(13) “Land” means real property including improvements and fixtures on, above, or below 22
67	67	the surface. 23
68	68	(14) “Land use regulation” means a rule or statute of general application adopted by the 24
69	69	municipal legislative body which controls, directs, or delineates allowable uses of land and the 25
70	70	standards for these uses. 26
71	71	(15) “Local government” means any governmental agency authorized by this chapter to 27
72	72	exercise the power granted by this chapter. 28
73	73	(16) “Maintain” means to evaluate regularly and revise as needed or required in order to 29
74	74	ensure that a comprehensive plan remains consistent with the goals and guidelines established by 30
75	75	this chapter. 31
76	76	(17) “Municipal legislative body” means the town council in a town or the city council in 32
77	77	a city; or that part of a municipal government that exercises legislative powers under a statute or 33
78	78	charter. 34
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82	82	(18) “Municipal reviewing authority” means the municipal planning board or commission. 1
83	83	(19) “Open space” means any parcel or area of land or water set aside, dedicated, 2
84	84	designated, or reserved for public or private use or enjoyment or for the use and enjoyment of 3
85	85	owners and occupants of land adjoining or neighboring the open space; provided that the area may 4
86	86	be improved with only those buildings, structures, streets, and off-street parking, and other 5
87	87	improvements that are designed to be incidental to the natural openness of the land. 6
88	88	(20) "Overlay district" mean a district established in a zoning ordinance that is 7
89	89	superimposed on one or more districts or parts of districts. The standards and requirements 8
90	90	associated with an overlay district may be more or less restrictive than those in the underlying 9
91	91	districts consistent with other applicable state and federal laws. 10
92	92	(20)(21) “Planning board” or “commission” means the body established by a municipality 11
93	93	under chapter 22 of this title or combination of municipalities which has the responsibility to 12
94	94	prepare a comprehensive plan and make recommendations concerning that plan to the municipal 13
95	95	legislative body. 14
96	96	(21)(22) “State guide plan” means goals, policies, and plans or plan elements for the 15
97	97	physical, economic, and social development of the state, adopted by the state planning council in 16
98	98	accordance with § 42-11-10. 17
99	99	(22)(23) “State or regional agency” means, for the purposes of this chapter, any state 18
100	100	agency, department, public authority, public corporation, organization, commission, or other 19
101	101	governing body with regulatory or other authority affecting the goals established either in this 20
102	102	chapter or the state guide plan. Pursuant to § 45-22.2-2, the definition of state and regional agency 21
103	103	shall not be construed to supersede or diminish any regulatory authority granted by state or federal 22
104	104	statute. 23
105	105	(23)(24) “State agency program or project” State agency program means any non-24
106	106	regulatory, coordinated group of activities implemented for the purpose of achieving a specific goal 25
107	107	or objective. State agency project means a specific initiative or development on an identifiable 26
108	108	parcel(s) of land. 27
109	109	(24)(25) “Voluntary association of local governments” means two (2) or more 28
110	110	municipalities that have joined together pursuant to a written agreement and pursuant to the 29
111	111	authority granted under this chapter for the purpose of drafting a comprehensive land use plan and 30
112	112	implementation program. 31
113	113	(26) "Watershed" means a land area which because of its topography, soil type, and 32
114	114	drainage patterns acts as a collector of raw waters which regorge or replenish rivers and existing or 33
115	115	planned public water supplies. 34
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119	119	(27) "Watershed overlay protection district" means a zoning designation that applies a 1
120	120	specific set of rules, often stricter than those in the underlying zoning district, to protect water 2
121	121	resources within a watershed. 3
122	122	(25)(28) “Wetland” a marsh, swamp, bog, pond, river, river or stream flood plain or bank; 4
123	123	an area subject to flooding or storm flowage; an emergent or submergent plant community in any 5
124	124	body of fresh water; or an area within fifty feet (50′) of the edge of a bog, marsh, swamp, or pond, 6
125	125	as defined in § 2-1-20; or any salt marsh bordering on the tidal waters of this state, whether or not 7
126	126	the tidal waters reach the littoral areas through natural or artificial watercourses, and those uplands 8
127	127	directly associated and contiguous thereto which are necessary to preserve the integrity of that 9
128	128	marsh, and as further defined by the RI coastal resources management program, as may be 10
129	129	amended. 11
130	130	(26)(29) “Zoning” means the reservation of certain specified areas within a community or 12
131	131	city for building and structures, or use of land, for certain purposes with other limitations as height, 13
132	132	lot coverage, and other stipulated requirements. 14
133	133	SECTION 2. Chapter 45-53 of the General Laws entitled "Low and Moderate Income 15
134	134	Housing" is hereby amended by adding thereto the following section: 16
135	135	45-53-11.1. Comprehensive permits prohibited in watershed overlay protection 17
136	136	districts in Tiverton. 18
137	137	In the town of Tiverton, no applications shall be issued, authorized or permitted for a 19
138	138	comprehensive permit under the Rhode Island comprehensive planning and land use regulation act 20
139	139	pursuant to chapter 22.2 of title 45 in any watershed overlay protection district, as defined in § 45-21
140	140	22.2-4. 22
141	141	SECTION 3. This act shall take effect upon passage. 23
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143	143	LC002697
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148	148	EXPLANATION
149	149	BY THE LEGISLATIVE COUNCIL
150	150	OF
151	151	A N A C T
152	152	RELATING TO TOWNS AN D CITIES -- RHODE ISLAND COMPREHENSIVE P LANNING
153	153	AND LAND USE ACT--COMPREHENSIVE PERMITS PROHIBITED IN WATERSHED
154	154	OVERLAY PROTECTION
155	155	***
156	156	This act would prohibit applications for a comprehensive permit under the Rhode Island 1
157	157	comprehensive planning and land use regulation act in any watershed overlay protection district 2
158	158	located in the town of Tiverton. 3
159	159	This act would take effect upon passage. 4
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161	161	LC002697
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