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HB 5692

AN ACT RELATING TO TOWNS AND CITIES -- ZONING ORDINANCES

2025 Regular Session Introduced by Marie Hopkins and 4 co-sponsors

Allows home-based businesses meeting IRC home-office criteria to operate without municipal approvals, preempting local zoning, with limits on hazards, parking, and no heavy equipme

03/11/2025 Committee recommended measure be held for further study
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Bill Summary · HB 5692

Bill Summary — HB 5692

Title: AN ACT RELATING TO TOWNS AND CITIES -- ZONING ORDINANCES
Bill Number: HB 5692
Introduced by: Reps. Place, Santucci, Quattrocchi, Hopkins, and Nardone
Introduced: 02/26/2025 (bill text also filed/transmitted 04/28/2025)
Current status (reported): Committee recommended measure be held for further study (03/11/2025)
Effective date: Upon passage

Main purpose

To permit the operation of home-based businesses without obtaining municipal approvals when the business meets the Internal Revenue Code (IRC) criteria for a home office tax deduction, subject to specific safety and parking limits. The bill overrides contrary local zoning or ordinance requirements.

Key provisions

  • Adds § 45-24-37.1 to chapter 45-24 (Zoning Ordinances).
  • Permits an individual to operate a home-based business without securing any municipal approvals if the business "meets the criteria provided by the Internal Revenue Code for a home office tax deduction."
  • Limits and prohibitions:
    • No storage of chemicals or other hazardous materials on the premises.
    • No parking of heavy equipment on the premises.
    • No more than 10% of the premises may be used for parking related to the home-based business.
  • Explicit preemption language: the allowance applies "notwithstanding any zoning or other municipal ordinance to the contrary."
  • Bill takes effect upon passage.

Who would be affected

  • Homeowners and residents operating small/home-based businesses who meet IRC home-office deduction criteria — they would generally no longer need municipal approval or zoning permits for such operations.
  • Municipalities and local zoning authorities — their ability to require approvals or otherwise restrict qualifying home-based businesses would be limited by the statute.
  • Neighbors and communities — potential impacts on parking, traffic, neighborhood character, and safety (partly addressed by prohibitions on hazardous materials and heavy equipment).
  • Local code enforcement entities — enforcement priorities may shift to ensuring compliance with the statute’s prohibitions rather than permitting requirements.

Practical and legal considerations

  • The bill ties zoning permission to a federal tax standard (IRC home-office deduction), which may create interpretive and enforcement challenges because tax-code criteria are different in purpose and administration from zoning standards.
  • Terms such as “heavy equipment” and “hazardous materials” are not defined in the statute and may require clarification or lead to disputes.
  • Although the bill preempts contrary municipal ordinances, municipalities retain authority to enforce other laws (e.g., health, fire, nuisance) unless expressly preempted.
  • The statute’s 10% parking cap sets a quantifiable limit but may require municipal assessment to determine lot area and allowed parking uses.

Procedural timeline (selected actions reported)

  • 02/26/2025 — Introduced; referred to House Municipal Government & Housing
  • 03/07/2025 — Scheduled for committee hearing/consideration
  • 03/11/2025 — Committee recommended measure be held for further study (status reflected)
  • 04/28–04/29/2025 — Filed / Transmitted to Governor / Read first time / Referred to State Affairs (recorded actions)

This summary focuses on the bill as drafted. Further amendments, committee reports, or legal analysis could change practical effects.

Compiled from official sources — confirm details with the bill’s official record.

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