Bill
HB 5797
Standardizes Rhode Island zoning terms and expands housing options (ADUs, cluster development, co-living, community residences) while strengthening flood-resilience height rules.
Status: Signed by Governor on June 30, 2025
Introduced: February 27, 2025
- House committee: Municipal Government & Housing
- Progress: House passage of Substitute A (Sub A) on April 1, 2025; Senate concurrence and approval completed in June 2025; Governor signed on June 30, 2025
Purpose and overall aim
- HB 5797 (Sub A) amends Rhode Island’s zoning ordinance framework by updating and clarifying key definitions used in local zoning regulations (Chapter 45-24). The changes are intended to standardize terminology across towns, support newer planning concepts (e.g., accessory dwelling units, cluster development), and address modern considerations such as flood resilience, shared housing forms, and community residences. The act helps govern how local ordinances are written and interpreted, with implications for development review, permit decisions, and compliance.
Key provisions and notable definitions (as embodied in 45-24-31 and related sections)
- Abutter, Accessory Use, and Accessory Dwelling Unit (ADU)
- Clarifies who qualifies as an abutter.
- Defines ADU as a secondary living unit on the same lot as a principal dwelling, with independent living facilities. ADUs may be detached, within an accessory structure, or part of an expanded/remodeled primary dwelling.
- Cluster development
- Defines a site-planning approach that concentrates buildings to preserve open space or sensitive features, with incentives or bonuses possible in ordinance provisions.
- Co-living housing
- Describes a residential model with independently rented units sharing facilities; local ordinances must authorize this type of development.
- Common ownership
- Defines ownership arrangements for multiple lots under common ownership or associations, including municipal involvement.
- Community residence
- Establishes categories of community residences (e.g., certain group homes or care facilities) with specific provisions about how local zoning may interact, including waivers for certain licensed facilities serving six or fewer individuals, eight-person group homes, and other defined configurations.
- Building height and flood-resilience provisions (49-24-31(13))
- Building height is measured from defined grade standards (existing grade or foundation corners, depending on structure status) and excludes features like spires and chimneys.
- In areas within FEMA flood hazard zones or CRMC’s sea-level rise design elevations, the allowable building height exclusion increases to the greater of:
- The base flood elevation plus up to 5 feet of freeboard (minus average existing grade), or
- The CRMC SDE 3 SL map’s suggested design elevation (minus average existing grade).
- CRMC must reevaluate the suggested design elevation map every 10 years or as needed.
- Other defined terms
- The act codifies standard zoning terms (buffer, building envelope, application, aggrieved party, etc.) and ties many definitions to existing state statutes (45-22.2-4 and 45-23-32) for consistency.
Who is affected
- Property owners, developers, and applicants seeking to develop or modify land use plans.
- Local planning boards, zoning boards, and city/town officials who administer zoning ordinances.
- Aggrieved parties and residents seeking to participate in development decisions (as defined in the aggrieved party provision).
- Operators and providers of community residences, group homes, and co-living arrangements (subject to local ordinance authorization).
- CRMC and those planning near coastal or flood-prone areas, due to the updated height and flood-resilience provisions.
Procedural and timeline highlights
- Introduced and referred to committee in early 2025; subsequently advanced through House and Senate with Substitute A amendments.
- House passed Sub A (April 1, 2025); Senate action followed (June 2025), culminating in final passage and gubernatorial signature on June 30, 2025.
- Local implementation will require towns and cities to align their zoning codes with these definitions and standards, including potential updates to height calculations and housing type allowances.
Impact considerations
- Could enable greater housing flexibility (ADUs, co-living, cluster developments) while strengthening protections in flood-prone areas.
- May require towns to revise zoning ordinances to incorporate standardized definitions and new allowances/waivers, and to adjust administrative processes for community residences and related housing types.
- Flood and climate resilience provisions may influence height limits and design requirements in coastal and flood-prone zones.
Compiled from official sources — confirm details with the bill’s official record.
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