In August, Governor Dan McKee signed a new legislative package into law aimed at addressing the State’s housing crisis. The new bills, put forward by Speaker K. Joseph Shekarchi, contain important changes for property owners and developers, and as a whole, add key flexibility and tools for developers to build new housing stock. Kelly, Souza, Parmenter & Resnick, P.C. encourages its clients to consider these new bills in their development plans, and to reach out to KSPR with questions so that we may ensure clients are taking advantage of this added flexibility.
H 7062A and S 2998A – ADU Zoning Expansion
Effective Date: Upon passage
Summary: Allows property owners to develop a single accessory dwelling unit (ADU) by right (i) as a reasonable accommodation for a family member with a disability, (ii) on a lot that is at least 20,000 square feet where the principal structure is used for residential purposes, or (iii) if the ADU is located within the same footprint as the primary structure. The new law also creates uniform standards for the development of ADUs.
Text: 2024-H 7062A, 2024-S 2998A
H 7980aa and S 2989A – Manufactured Homes as Single-Family Dwellings
Effective Date: Upon passage
Summary: Allows HUD-compliant manufactured homes on lots zoned for single-family use. To qualify, manufactured homes must meet state structural and design standards, providing an affordable housing alternative that complies with existing single-family lot requirements.
Text: 2024-H 7980Aaa, 2024-S 2989A
H 7984Aaa and S 2993aa – Mobile Homes as Affordable Housing
Effective Date: Upon passage
Summary: Recognizes mobile homes as affordable housing, enabling them to meet municipal low-income housing quotas. Qualifying mobile homes must comply with affordability requirements, offering municipalities an effective tool to expand affordable options.
Text: 2024-H 7984Aaa, 2024-S 2993aa
H 7951A and S 2988A – Moratorium Limitation Provisions
Effective Date: Upon passage
Summary: Defines limitations on municipal building moratoriums, protecting developers from arbitrary delays. Affordable housing projects are exempt from all moratoriums, and any moratorium is limited to one-hundred and twenty (120) days, must be passed for vital public health and safety reasons, and must take into account affordable housing needs. Longer moratoriums (i.e., up to twelve (12) months) are still permitted after a community passes a new comprehensive plan. Projects should comply with updated application standards so that they are “vested,” ensuring they are not unduly blocked by a future moratorium.
Text: 2024-H-7951A, 2024-S-2988A
S 2991 – Combined Review Boards for Local Development
Effective Date: January 1, 2025
Summary: Enables municipalities to establish a combined zoning and planning review board to streamline applications. Qualifying municipalities must adopt ordinances establishing combined boards, enabling faster and unified oversight of land use. The unified board will be able to provide zoning relief within the development review process.
Text: 2024-H 7979, 2024-S 2991
H 7948A and S 2999A – Inclusionary Zoning Law Amendments
Effective Date: January 1, 2025
Summary: Reduces the affordable housing requirement from 25% to 15% in certain developments. Qualifying projects must meet criteria based on location, type, and scope to receive this reduced threshold, encouraging broader participation in inclusionary zoning.
Text: 2024-H 7948A, 2024-S 2999A
H 7982 and S 2994 – Wetland and Wastewater Zoning Adjustments
Effective Date: Upon passage
Summary: Amends provisions relative to zoning ordinances pertaining to wetland buffers to projects for development, redevelopment, construction or rehabilitation. It makes clear that there can be no local regulation of coastal wetlands and freshwater wetlands beyond the requirements of the state agency requirements. The legislation does not take away any responsibility from the Coastal Resources Management Council (CRMC) or the Department of Environmental Management (DEM).
Text: 2024-H 7982, 2024-S 2994
H 7950A and S 3000A – Subdivision and Public Improvement Guarantees
Effective Date: Upon passage
Summary: Requires municipalities to accept multiple types of financial security for public improvements in development projects. Municipalities must accept at least three (3) different types of financial security. Maintenance guarantees are capped at ten (10) percent of the original guarantee amount or cost of the public improvement if there was no guarantee.
Text: 2024-H 7950A, 2024-S 3000A
H 7986Aaa and S 2992A – Abandoned Properties Redevelopment
Effective Date: Upon passage
Summary: Requires a new inventory of abandoned properties, with a list of all qualifying properties being published by April 2, 2025. These properties will qualify for sale under the applicable receivership statute, and the latest amendments prioritize buyers committed to creating affordable housing.
Text: 2024-H 7986Aaa, 2024-S 2992A
H 7949Aaa and S 3001A – Permitting Procedures Update and Additional Relief for Substandard Lots of Record
Effective Date: Upon passage
Summary: This act amends land review and development approval processes, providing clearer guidelines and timelines for reviewing and approving land development projects. This amendment also contains an important provision for substandard lots of record, providing greater protection against merger and relief from setbacks and maximum building coverage requirements.
Link: 2024-H 7949Aaa, 2024-S 3001A
H 7977A – Special Legislative Commission on Planning Education
Effective Date: Upon passage
Summary: Establishes a 13-member commission to assess Rhode Island’s educational capacity to train planning professionals, addressing workforce shortages in planning fields. The commission will consist of members from various educational and planning bodies and requires a report by April 1, 2025, to enhance Rhode Island’s local workforce.
Text: 2024-H 7977A
H 7983B and S 2990A – State Building Code Amendments and Training
Effective Date: January 1, 2025
Summary: Establishes standardized enforcement and a training academy for building officials. Municipalities without local building officials will receive direct support, and uniform code training will be provided. Compliance with statewide building codes is required for consistency, aiming to reduce regulatory variations across towns.
Text: 2024-H 7983B, 2024-S 2990A
H 7978A and S 3036A – Electronic Permitting for Municipal Development
Effective Date: Upon passage
Summary: This act mandates the transition to electronic permitting systems for processing development applications, aiming to streamline the development application process and reduce administrative burdens. The act emphasizes that by October 1, 2025, all aspects of the development application process must be conducted electronically.
Text: 2024-H 7978A, 2024-S 3036A
H 7985A and S 2995A – Statewide GIS Development Report
Effective Date: Upon passage
Summary: Directs the Department of Administration to explore a statewide Geographic Information System (GIS) for integrated land use planning. Municipalities must participate in the report, with the goal of using GIS data to support strategic planning and land assessment. This statewide system would facilitate more efficient information gathering for developers. The report is due on January 1, 2025.
Text: 2024-H 7985A, 2024-S 2995A
These bills evidence the State’s intent to continue relaxing regulations for developers to increase the housing stock and promote residential development. KSPR’s Real Estate Development and Land Use Practice tracks these State changes closely to better assist its clients. Clients should reach out to schedule time with us to discuss how these changes impact their projects and development objectives.
