Keith Mack
Rhode Island has been facing a housing crisis, with the lowest per-capita construction rate in the country. In 2021, only six municipalities met their obligations under the act, and many localities seemed to disregard the affordability benchmark. To tackle this, the state legislature formed a special commission to investigate why more communities had not met their obligations and to recommend reforms to increase the supply of affordable housing. As a result, nearly 50 new laws have been passed in the last four years to reduce regulatory barriers, streamline the development process, and boost production. One such law is the Housing Legislative Package, which includes amendments to zoning laws for affordable housing developments and simplifies wetlands zoning regulations to encourage housing development. The package also allows homeowners the right to develop a single accessory dwelling unit (ADU) on their property. These laws aim to address the housing crisis in Rhode Island and make housing more accessible and affordable for its residents.
| Characteristics | Values |
|---|---|
| Purpose | To address Rhode Island's housing crisis |
| Sponsor | Rep. Joseph J. Solomon, Jr. (D-Dist. 22, Warwick) and Sen. Jacob Bissaillon (D-Dist. 1, Providence) |
| Amendments | Requirements of the inclusionary zoning law for affordable housing development |
| Objective | To streamline production and cut red tape to spur more development |
| Focus | Construction of affordable, moderate and small units like ADUs |
| Rights | Allows homeowners the right to develop a single accessory dwelling unit (ADU) on their property |
| Scope | Statewide |
| Eligibility | Owner-occupied property to accommodate a disabled family member or within the existing footprint of their structures or on any lot larger than 20,000 square feet |
| Related Bills | House Bill 7949 Substitute A as amended (HB7949 SubAaa), 7948A/2999A, 7982/2994, 7062A/2998A |
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What You'll Learn
Amending zoning laws for affordable housing
In February 2021, the state of Rhode Island formed a 17-member special legislative commission to investigate why more communities had not met their obligations under the Low and Moderate Income Housing Act (LMIHA) and to recommend legislative reforms to increase the supply of affordable housing.
The commission's report, presented in February 2022, led to the passage of a package of 10 housing bills by state lawmakers. One of these bills, House Bill 7949 Substitute A as amended (HB7949 SubAaa), amends the LMIHA's comprehensive permit process, which was intended to save time and simplify reviews. However, localities often used the system of appeals to delay and incur costs on unwanted developments. The bill reduces the time for local boards to approve or deny proposed developments and requires a majority vote of present members rather than the full board. Additionally, it retains the LMIHA's conditions for denying an application and adds a new crucial condition: the board must find that the locality is making "substantial progress" toward its affordable housing obligations.
Another bill, 7948A/2999A, amends the requirements of the inclusionary zoning law for affordable housing development. Inclusionary zoning is an optional tool for municipalities to require the provision of affordable units in conjunction with market-rate unit development. This bill incorporates feedback from the Rhode Island Chapter of the American Planning Association.
These legislative changes aim to streamline the production of affordable housing, cut red tape, and address the state's housing crisis.
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Simplifying wetlands zoning for development
In February 2021, the Rhode Island state legislature formed a 17-member special legislative commission to address the state's housing crisis and recommend legislative reforms to increase the supply of affordable housing. This resulted in a package of 10 housing bills, including a bill to simplify wetlands zoning regulations to spur housing development.
The bill to simplify wetlands zoning regulations was sponsored by Rep. Terri Cortvriend (D-Dist. 72, Middletown, Portsmouth) and Sen. Mark P. McKenney (D-Dist. 30, Warwick). It amends provisions relative to the application of zoning ordinances pertaining to wetland buffers for development, redevelopment, construction, or rehabilitation projects.
Wetlands are often subject to strict environmental regulations, which can make it challenging for developers to obtain the necessary permits and approvals for their projects. By simplifying the zoning regulations for wetlands, the bill aims to remove some of the obstacles that developers face when trying to build on or near wetlands. This can include reducing the number of permits required, streamlining the approval process, or providing clear guidelines for wetland buffer requirements.
Simplifying wetlands zoning regulations can have both positive and negative impacts. On the one hand, it can help to increase the availability of developable land, especially in areas with significant wetland coverage. This can lead to more housing development, including affordable housing, which is a critical need in Rhode Island. Additionally, simplified regulations can reduce the time and cost associated with navigating complex zoning ordinances, making it easier for developers to initiate projects.
However, it is important to balance development with environmental protection. Wetlands provide valuable ecological benefits, such as flood control, water purification, and habitat for numerous species. Therefore, any simplification of zoning regulations should carefully consider the potential environmental impacts and include measures to minimize harm to wetlands. This could involve retaining or enhancing wetland buffers, implementing mitigation strategies, and ensuring proper enforcement of the regulations.
Overall, simplifying wetlands zoning regulations can be a step towards addressing the housing crisis in Rhode Island, provided that it is done in a way that protects the environment and considers the specific needs and characteristics of the state's wetland ecosystems.
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Reducing regulatory barriers
In February 2021, the state of Rhode Island created a 17-member special legislative commission to investigate why more communities had not met their obligations under the Low and Moderate Income Housing Act (LMIHA) and to recommend legislative reforms to increase the supply of affordable housing. The commission's report, delivered in February 2022, led to the passage of a package of 10 housing bills by state lawmakers. One of these bills, House Bill 7949 Substitute A as amended (HB7949 SubAaa), addresses regulatory barriers in the LMIHA.
HB7949 SubAaa reduces the time in which a local board can determine the completeness of an application and approve or deny a proposed development. The bill also requires only a majority vote of present members, rather than the full board, to decide on approving a comprehensive permit. Additionally, it retains the conditions under which a review board can deny an application and introduces a new crucial condition: the board must find that the locality is making "substantial progress" toward its affordable housing obligations. These measures are intended to prevent localities from using the system of appeals to delay or block unwanted developments.
Another bill in the package, 7948A/2999A, amends the requirements of the inclusionary zoning law for affordable housing development. Inclusionary zoning is an optional tool for municipalities to require the provision of affordable units in conjunction with market-rate unit development. The amendments to this law incorporate feedback from the Rhode Island Chapter of the American Planning Association.
Bill 7062A/2998A gives homeowners the right to develop a single accessory dwelling unit (ADU) on their property. This allows for accommodating a disabled family member or developing within the existing structure's footprint or on a lot larger than 20,000 square feet. This bill removes obstacles to building ADUs while respecting municipal land use policies.
Bill 7982/2994 simplifies wetlands zoning regulations to encourage housing development. It amends provisions related to the application of zoning ordinances concerning wetland buffers in development, redevelopment, construction, or rehabilitation projects.
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Streamlining the approval process
One such law is the Housing Legislative Package, signed by Governor McKee, which includes amendments to zoning laws for affordable housing developments. This package of laws aims to simplify the approval process and increase production by reducing regulatory barriers. For example, it gives homeowners the right to develop a single accessory dwelling unit (ADU) on their property, accommodating a disabled family member or within the existing footprint of their structures. This bill removes obstacles to building ADUs while respecting municipal land use policies.
Another law, House Bill 7949 Substitute A as amended (HB7949 SubAaa), makes changes to the Low and Moderate Income Housing Act (LMIHA) to save time and simplify reviews. The bill reduces the time for a local board to determine the completeness of an application and approve or deny a proposed development. It also requires only a majority vote of present members, rather than the full board, to decide on a comprehensive permit. This addresses the issue of localities using the appeals system to delay unwanted developments.
Additionally, a bill sponsored by Rep. Terri Cortvriend and Sen. Mark P. McKenney simplifies wetlands zoning regulations to encourage housing development. It amends zoning ordinances pertaining to wetland buffers for construction and redevelopment projects, reducing barriers to development.
These laws and reforms are intended to streamline the approval process for housing developments, particularly affordable housing, to address the housing crisis in Rhode Island. By cutting red tape and removing obstacles, the state aims to increase the production of much-needed housing units.
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Increasing affordable housing supply
In recent years, Rhode Island has passed several laws to increase the supply of affordable housing. One of the key drivers behind this effort has been the state's low construction rate, which is the lowest per capita in the country. This has led to a housing crisis, particularly affecting seniors and low-income families.
To address this issue, Governor McKee signed a housing legislative package into law, which included amendments to zoning laws for affordable housing developments. These amendments aim to streamline the production process and cut through red tape to spur more development. One such amendment allows homeowners the right to develop a single accessory dwelling unit (ADU) on their property, accommodating disabled family members or within the existing footprint of their structures. This law removes obstacles to building ADUs while respecting municipal land use policies.
Additionally, the legislative package simplifies wetlands zoning regulations to encourage housing development. This bill amends provisions related to the application of zoning ordinances pertaining to wetland buffers for development, redevelopment, construction, or rehabilitation projects.
Another important aspect of increasing the supply of affordable housing in Rhode Island is the state's focus on inclusionary zoning. This optional tool allows municipalities to require the provision of affordable units in conjunction with the development of market-rate units. By incorporating feedback from the Rhode Island Chapter of the American Planning Association, the state aims to ensure that a variety of housing units are built to meet the diverse needs of its residents.
Furthermore, Rhode Island has fine-tuned its housing appeals process by passing bills that reduce the time for local boards to approve or deny proposed developments and requiring only a majority vote of present members. These changes aim to prevent unnecessary delays and costs incurred by localities using the comprehensive permitting system. The state has also retained conditions under the Low and Moderate Income Housing Act (LMIHA) that must be met for a review board to deny an application, ensuring localities make substantial progress toward their affordable housing obligations.
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Frequently asked questions
The main aim is to address the housing crisis in Rhode Island by reducing regulatory barriers to development, streamlining the process, and increasing production.
The Low and Moderate Income Housing Act (LMIHA) is a comprehensive permit process intended to save time and simplify reviews for affordable housing developments.
The bill made several changes to LMIHA, including reducing the time for approving or denying proposed developments and requiring a majority vote of present members to decide on approving a comprehensive permit.
The 17-member special legislative commission was formed to investigate why communities had not met their LMIHA obligations and recommend reforms to increase affordable housing supply.
Several laws and bills have been passed, including amendments to inclusionary zoning laws for affordable housing, simplifying wetlands zoning regulations, and allowing homeowners the right to develop accessory dwelling units (ADUs).
