Rhode Island has adopted a slew of new laws concerning land use, zoning, and development. This blog is intended to provide a brief overview of certain noteworthy updates to the law that may be of interest to developers and landowners considering new projects.
Density Bonuses
New laws have expanded the ability to build more units on less land. New provisions allow oversized residential lots to be split into smaller parcels without zoning relief, provided that the surrounding lots are similar in size. This opens the door to infill development in established neighborhoods. Developers should also take note of changes that make it easier for small multifamily projects (9 units or fewer) to qualify as “minor” land developments, streamlining the approval process. Land previously dismissed by developers as “too constrained” for profitable development may now qualify for higher density.
Adaptive Reuse of Commercial Properties for Residential or Mixed-Use Development
Underutilized commercial space can now be transformed into residential and mixed-use housing with far fewer zoning battles. Adaptive reuse of commercial property for residential or mixed-use development is now a permitted use statewide. Whether it’s an office, school, church, or even a mall, if at least 50% of the floor area is converted into residential units, zoning boards must allow it. The newly enacted law also limits parking requirements to no more than one space per unit, grandfathers existing setbacks and heights that exceed zoning limits, and permits projects with at least 20% affordable units and adequate infrastructure to include no less than 15 units per acre.
Increase in Allowable Housing Types
A new law requires municipalities to broaden their zoning ordinances to allow development of a wider array of housing types. In certain areas, municipalities must provide residential use options beyond detached single-family homes and must zone for more diverse housing types, such as duplexes, townhouses, and multifamily units, in areas with adequate water and sewer capacity. Developers and landowners now have more flexibility to build duplexes, townhouses, and other attached units—projects that were previously prohibited or bogged down in variances.
Unified Development Review
Rhode Island has adopted Unified Development Review, which streamlines the process at the municipal level and eliminates red tape. Unified Development Review allows municipal planning boards to simultaneously review and approve land development project applications and requests for zoning relief, such as dimensional variances and special-use permits. Knowing when a project qualifies for Unified Development Review and when additional zoning relief is required is essential for keeping projects on track.
Temporary Exemptions From Tax Levy Cap
Municipalities are now permitted to exclude property taxes from new housing units from the 4% tax levy cap. To qualify, projects must include at least 10% affordable units, and the municipality must issue more than 10 certificates of occupancy in a year. The exemption lasts for up to three fiscal years before being phased into the levy cap. Cities and towns now have a financial incentive to greenlight housing and development projects since they can collect new tax revenue without hitting the cap.
Electronic Permitting
Rhode Island has taken steps to streamline permitting processes for land use projects. All municipalities in Rhode Island are required to adopt and implement electronic permitting for development projects by October 1, 2025.
Wetlands and Environmental Buffers
The Department of Environmental Management updated its freshwater wetlands regulations in 2022. While the legislature has moved to lower barriers, environmental protections remain strong. Updated wetlands regulations broaden buffer areas and require careful planning for sites near wetlands, streams, ponds, and marshlands. Developers will need to factor in DEM and CRMC review early in the process to avoid costly delays.
How AP&S Can Help
For developers and landowners, the new laws create opportunities to unlock value in property—whether through higher density, adaptive reuse, or new housing types. But they also come with complex requirements and conditions and municipal discretion that can trigger disputes or slow projects down.
At AP&S, we help clients navigate zoning boards, planning commissions, and state agencies, providing the legal and strategic guidance needed to move projects forward and turn these legal and regulatory changes into opportunities for growth.
About The Author
Stephen D. Lapatin
Stephen D. Lapatin is a litigator with a track record of success in high-profile and complex matters. He represents clients in…
