Summary
Rhode Island delegates all zoning power to its municipalities (its 39 cities and towns) through the Rhode Island Zoning Enabling Act of 1991, codified at R.I. Gen. Laws §§ 45-24-27 through 45-24-72. The operative grant is in § 45-24-29(b)(3), which empowers each city and town to establish and enforce land-use standards and to regulate the type, intensity, and arrangement of land uses; § 45-24-30 sets the general purposes such zoning ordinances must serve. Critically, the Act requires every municipal zoning ordinance and zoning map to be consistent with the municipality's comprehensive plan adopted under chapter 22.2, giving the state a strong consistency-review framework over the locally exercised power. Counties play no role: Rhode Island has no functioning county governments, so zoning is exercised exclusively at the municipal level (with limited state involvement, e.g., DEM technical approval of wetland/onsite-wastewater provisions).
The delegation
§ 45-24-27. Title.
Sections 45-24-27 through 45-24-72 shall be known as the "Rhode Island Zoning Enabling Act of 1991".
§ 45-24-29. Legislative findings and intent.
(a)(1) The general assembly recognizes and affirms in §§ 45-24-27 through 45-24-72 that the findings and goals stated in § 45-22.2-3 present findings and goals with which zoning must be consistent.
(2) The general assembly further finds that:
(i) The zoning enabling statutes contained in §§ 45-24-1 through 45-24-26, repealed as of December 31, 1994, were largely enacted in 1921;
(ii) The character of land development and related public and private services have changed substantially in the intervening years;
(iii) It is necessary to provide for innovative land development practices to enable cities and towns to adequately regulate the use of land and employ modern land development practices;
(iv) It is necessary to take full account of the requirement that each city and town amend its zoning ordinance to conform to, and be consistent with, its comprehensive plan adopted pursuant to chapter 22.2 of this title, and to all the elements contained therein; and
(v) A substantial updating and revision of the original statutory zoning enabling authority is required to meet these changed conditions.
(3) It is therefore found that the preparation and implementation of zoning ordinances is necessary to address the findings and needs identified in this section; to protect the public health, safety, and general welfare; to allow the general assembly to carry out its duty to provide for the conservation of the natural resources of the state; and to adopt all means necessary and proper by law for the preservation, regeneration, and restoration of the natural environment of the state in accordance with R.I. Const., Art. I, Sec. XVI and XVII; to promote good planning practice; and to provide for sustainable economic growth in the state.
(b) Therefore, it is the intent of the general assembly:
(1) That the zoning enabling authority contained in this chapter provide all cities and towns with adequate opportunity to address current and future community and statewide needs;
(2) That the zoning enabling authority contained in this chapter require each city and town to conform its zoning ordinance and zoning map to be consistent with its comprehensive plan developed pursuant to chapter 22.2 of this title;
(3) Except as prohibited pursuant to §§ 45-24-30(b), 45-24-30(c), or 45-24-30(d), that the zoning enabling authority contained in this chapter empower each city and town with the capability to establish and enforce standards and procedures for the proper management and protection of land, air, and water as natural resources, and to employ contemporary concepts, methods, and criteria in regulating the type, intensity, and arrangement of land uses, and provide authority to employ new concepts as they may become available and feasible;
(4) That the zoning enabling authority contained in this chapter permit each city and town to establish an economic impact commission ...;
(5) That each city and town amend its zoning ordinance to comply with the terms of this chapter.
§ 45-24-30. General purposes of zoning ordinances.
(a) Zoning regulations shall be developed and maintained in accordance with a comprehensive plan prepared, adopted, and as may be amended, in accordance with chapter 22.2 of this title and shall be designed to address the following purposes. The general assembly recognizes these purposes, each with equal priority and numbered for reference purposes only.
(1) Promoting the public health, safety, and general welfare.
(2) Providing for a range of uses and intensities of use appropriate to the character of the city or town and reflecting current and expected future needs.
(3) Providing for orderly growth and development that recognizes: (i) The goals and patterns of land use contained in the comprehensive plan ...; [(ii)–(vii) natural characteristics, coastal/freshwater resources, unique natural features, capacity of public/private services, balance of urban and rural development, and innovative development regulations and techniques].
(4) Providing for the control, protection, and/or abatement of air, water, groundwater, and noise pollution, and soil erosion and sedimentation.
(5) Providing for the protection of the natural, historic, cultural, and scenic character of the city or town or areas in the municipality.
(8) Promoting a balance of housing choices, for all income levels and groups ...
(9) Providing opportunities for the establishment of low- and moderate-income housing.
(12) Promoting implementation of the comprehensive plan of the city or town adopted pursuant to chapter 22.2 of this title.