Rhode Island law sets local review steps for housing projects

The law allows a developer to seek one local permit for a qualifying low- or moderate-income housing project. The process applies to developers seeking approval from a local review board. Towns with more than 10% of their year-round homes in this category are treated differently from towns at or below that threshold. The project must include at least 25% low- or moderate-income housing. Towns with more than 10% of their year-round homes in this category follow different rules. Some may receive specified temporary benefits only after approval by the executive office of housing. For towns below the 10% threshold, the text provides minimum density bonuses tied to utility access and the share of low- and moderate-income homes in the project. Beginning January 1, 2027, a qualifying town may receive the specified temporary benefits for 12 months after approval. It may qualify for up to two terms.

The text sets review procedures for smaller land projects and certain residential subdivisions. The procedures cover administrative subdivisions, minor subdivisions, and minor land development projects. The oversized-lot option applies to certain vacant residential lots created from an existing lot. An oversized-lot subdivision must meet the stated nearby lot-size, access, utility, and minimum-area rules; state rules and permits still apply. Projects that need zoning relief or create or extend a street may require planning-board review or a public hearing. For some reviews, a board's failure to act within the stated period counts as approval. Review deadlines depend on the project and stage. If an official or board misses certain deadlines, the pending stage may count as approved.

The Superior Court must expedite specified land use appeals on a separate calendar. The calendar covers specified appeals involving land use and development decisions. The calendar covers listed types of land use appeals; judges may accept other matters at their discretion. A party cannot use this section as a reason to dismiss an action. For cases assigned to the calendar, the court must set a briefing schedule aiming to have all parties file written arguments within 60 days after the certified record is filed.