Rhode Island’s 2026 Land Use Overhaul: What Developers, Municipalities, and Property Owners Need to Know

By Julissa Arce on July 16, 2026

Rhode Island’s housing shortage has pushed the General Assembly well beyond encouraging towns to “plan” for more housing. Over the past several sessions, lawmakers have rewritten large parts of the statutory framework that governs how land gets subdivided, permitted, and built on in this state. The 2026 session added another significant round of changes to subdivision review, permitting timelines, dimensional relief, parking mandates, and more.

If you develop property or own land in Rhode Island these changes affect how your next project will move through the approval process. Below, we break down the applicable amendments from the 2026 session and what each one means in practice.

1. Administrative Subdivisions Get Faster

H-8004A / S-3302 

An administrative subdivision doesn’t create any new buildable lots; for example, think of lot mergers or boundary-line reconfigurations among existing lots. Effective June 23, 2026, these no longer require a Class 1 Survey when the only effect is merging existing lots. See R.I. Gen. Laws § 45-23-37(c). Administrative subdivisions now have their own statutory findings, and if zoning relief is needed, the application proceeds through Unified Development Review before the planning board, with a public hearing. See R.I. Gen. Laws §§ 45-23-60(d), 45-23-50.1(b)(1).

Bottom line: Simple lot mergers should move through review faster and with less survey cost, but if zoning relief is involved, plan for a public hearing.

2. Minor Subdivisions: A Clearer Three-Track System

H-8004A / S-3302 

While not substantively changed, the statute provides for three types of minor subdivisions: (1) nine or more lots, with or without a new or extended street; (2) ten or more lots on an existing public street; and (3) oversized lot subdivisions. See R.I. Gen. Laws § 45-23-32(48)(ii). A fully compliant minor subdivision on an existing street is reviewed administratively with no planning board hearing required. But if the project proposes a new or extended street, and/or needs zoning relief under Unified Development Review, it goes to the planning board. See R.I. Gen. Laws § 45-23-38(a).

Oversized Lot Subdivisions: A Tool Worth Knowing

Oversized lot subdivisions remain a relatively new infill-development tool: splitting an existing lot to create vacant residential lots at least as large as 50% of the residential lots within 200 feet. The 2026 amendments cap how small the resulting lots can be, depending on whether they will rely on private wells and/or on-site wastewater treatment. See R.I. Gen. Laws § 45-23-32(48)(ii)(C).

Bottom line: For infill projects on existing streets, expect a faster administrative path; however, oversized lot subdivisions now come with tighter sizing limits tied to well and septic service.

3. State and Federal Permits Pushed to Final Plan for Minor Subdivisions/ Land Development Projects

H-8004A / S-3302 

Effective June 23, 2026, developers no longer need required state and federal permits until the final plan submission stage for minor and major subdivisions, land developments, and comprehensive permits alike. Previously, minor subdivisions/land developments needed those permits at the preliminary review stage. See R.I. Gen. Laws § 45-23-38(a).

Bottom line: This removes a common early-stage bottleneck: You can now get through preliminary approval before lining up every state and federal permit.

4. Substandard Lots of Record: Merger Limits Clarified

H-8004A / S-3302  (view bill text)

Substandard lots of record (existing, dimensionally nonconforming lots) remain subject to reduced dimensional requirements under R.I. Gen. Laws § 45-24-38. Municipalities may still merge commonly owned substandard lots to create a conforming lot or reduce nonconformity, but the statute now makes clear that a municipality may only merge as many lots as necessary. For example, if an owner holds three contiguous 5,000 square-foot substandard lots where 10,000 square feet is required, the town may merge only two of the three to reach conformity; it cannot force a merger of all three.

Bottom line: This protects owners of substandard lots from excessive mergers. Municipalities can no longer combine more lots than the minimum needed to fix the nonconformity.

5. Modifications: Two Distinct Administrative Tools

H-8004A / S-3302  (view bill text)

The 2026 amendments sharpen the distinction between two administrative-relief tools under R.I. Gen. Laws § 45-24-46: (1) Traditional Dimensional Modifications, available for any dimensional relief tied to construction, alteration, or structural modification of a structure or lot; and (2) Neighborhood Character Based Modifications (“NCBM”), available specifically for frontage, lot width, and/or lot depth relief on parcels with public water and sewer intended for residential use.

Bottom line: Knowing if either of these tools fits your project can mean the difference between an administrative sign-off and a full board hearing.

6. Zoning Boards Lose Authority to Condition Special Use Permits

H-8004A / S-3302  (view bill text)

Zoning Boards of Review can no longer attach special conditions to special use permits. Their authority to impose special conditions is now limited to variances and determinations on appeal within the board’s jurisdiction. See R.I. Gen. Laws § 45-24-43.  There should already be specific and objective criteria set forth in the local ordinance for each use category allowed by special use permit that has to be met before being issued.

Bottom line: If your project relies on a special use permit, boards now have less room to bolt on extra conditions.

7. Zoning Certificates: Standing Requirement Added

H-8004A / S-3302  (view bill text)

Last year’s amendments made zoning certificates appealable to the local board of appeals, effectively turning them into binding legal documents. The 2026 amendments go a step further: only someone with a bona fide legal or equitable interest in the lot may request a zoning certificate. See R.I. Gen. Laws § 45-24-54.

Bottom line: Confirm your client’s interest in the property is documented before requesting a zoning certificate on their behalf.

8. Comprehensive Permits and Inclusionary Zoning: More Flexibility for High-Performing Towns

H-8004A / S-3302  (view bill text)

A comprehensive permit lets a developer seek approval for a project with at least 25% low- or moderate-income (“LMI”) housing through a single application, with zoning incentives, density bonuses, and adjustments from local zoning and design standards, under more housing-friendly required findings. Municipalities that have exceeded their 10% year-round affordable housing goal and adopted a valid inclusionary zoning ordinance are not required to accept comprehensive permit applications, but now they have the option to accept one anyway.

Municipalities previously had to wait until affordable units were built and counted in the official inventory before claiming the 10% exemption. Starting January 1, 2027, towns close to the 10% goal may count LMI building permits issued in the past 12 months toward that threshold, if doing so would push them over 10% and qualify them as an “achieving community” (confirmed by the Executive Office of Housing) with the same benefits and exemptions, subject to statutory conditions. See R.I. Gen. Laws § 45-53-4(c).

Bottom line: Towns near the affordable housing threshold have a new, faster path to “achieving community” status, which is worth checking before assuming comprehensive permit review is mandatory for a given project.

9. Parking Minimums Capped Near Transit

H-8005A / S-3303  (view bill text)

Effective June 23, 2026, local zoning ordinances may no longer require more than one off-street parking space per dwelling unit in multi-family developments located near designated public mobility corridors and transit hubs. See R.I. Gen. Laws § 45-24-33(a)(28).

Bottom line: For transit-adjacent multi-family projects, this can meaningfully reduce site costs and free up buildable area previously reserved for parking.

How AP&S Can Help

Rhode Island’s land use and housing laws keep evolving, and understanding these new statutory requirements is essential to sound project planning and confident municipal decision-making. Our land use team works closely with developers, property owners, and municipalities to navigate these changes and provide practical, strategic guidance throughout the development and permitting process.

Have a project affected by these changes? Reach out to the AP&S Land Use practice group to talk through what these amendments mean for your next application.