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A Practical Guide to Land Use Law in Rhode Island

Essential Guidance on Rhode Island Land Use

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  • Product Number: 2170500B00
  • Publication Date: 7/29/2022
  • Edition: 1st Edition 2017, with 2022 Supplement
  • Copyright: © 2022 MCLE, Inc.
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  • Product Description
  • Table of Contents
  • Editors & Authors
  • Product Description

    Product Description

    This manual is a practical guide to the complex challenges of land use law in Rhode Island. Editor John Boehnert and an outstanding roster of contributors review essential topics such as comprehensive planning, zoning, subdivision review, eminent domain, first amendment protection, and environmental regulation, including coastal zone provisions affecting land use. With frequent practice notes and careful attention to detail, A Practical Guide to Land Use Law in Rhode Island is an indispensable resource for Rhode Island practitioners.

    Recent updates:

    • Update: July 2022

      Dear Subscriber:

      Thank you for choosing to keep your copy of A Practical Guide to Land Use Law in Rhode Island up to date with this 2022 supplement to the 2017 first edition. The following are highlights of just some of the updates you will find in this supplement:

      • an updated explanation of the legal effect of the 2009 tolling statute's initial enactment and subsequent amendments and the cessation of tolling in 2017, along with a discussion of current litigation regarding the statute's application (see chapter 5);
      • analysis of the U.S. Supreme Court's 2019 decision in Knick v. Township of Scott, where the Court overruled Rhode Island's requirement that a takings claim is not ripe for judicial review unless the claimant seeks compensation through the state's procedures for doing so (see chapter 8);
      • an expanded review of basic First Amendment principles and how the courts have applied them to the regulation of signage and adult uses (see chapter 9); and
      • new materials on Rhode Island's brownfields solar photovoltaic program, for which the Rhode Island Commerce Corporation and the Rhode Island Office of Energy Resources began a new round of funding in 2020 (see chapter 10).

      We at MCLE │ New England hope that you find this updated land use publication useful in your practice and in keeping your resource library current.

      Very truly yours,

      Alexis J. LeBlanc, Esq., MCLE Publications Attorney

  • Table of Contents

    Table of Contents

    expand all
    Chapter 1 expand

    The Rhode Island Comprehensive Planning and Land Use Regulation Act

    Buy Chapter
    Amy H. Goins, Esq., Ursillo, Teitz & Ritch
    Peter D. Ruggiero, Esq., Ruggiero Brochu & Petrarcha
    Andrew M. Teitz, Esq., Ursillo, Teitz & Ritch

    Exhibit 1A

    - The Consistency Doctrine Applied: A Hypothetical Problem and Response Buy Form
    Chapter 2 expand

    The Rhode Island Zoning Enabling Act

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    Carolyn P. Medina, Esq., Law Office of Carolyn P. Medina
    Chapter 3 expand

    Presenting a Case for Zoning Relief and Litigating a Zoning Case on Appeal

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    Chapter 4 expand

    The Rhode Island Land Development and Subdivision Review Enabling Act

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    John P. McCoy, Esq., Bengtson & Jestings, LLP

    Checklist 4.1

    - Barrington, Rhode Island, Master Plan Checklist Buy Form

    Checklist 4.2

    - Barrington, Rhode Island, Preliminary Plat Checklist Buy Form

    Checklist 4.3

    - Barrington, Rhode Island, Final Plat Checklist Buy Form
    Chapter 5 expand

    Moratoria, Tolling Statutes, and Expedited Permitting

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    Amy H. Goins, Esq., Ursillo, Teitz & Ritch
    Andrew M. Teitz, Esq., Ursillo, Teitz & Ritch
    Michael A. Ursillo, Esq., Ursillo, Teitz & Ritch
    Chapter 6 expand

    The Rhode Island Low and Moderate Income Housing Act

    Buy Chapter
    Carolyn P. Medina, Esq., Law Office of Carolyn P. Medina

    Checklist 6.1

    - Comprehensive Permit Application for Low and Moderate Income Housing Buy Form

    Checklist 6.2

    - Required Findings for Approving a Comprehensive Permit for Low and Moderate Income Housing Buy Form

    Checklist 6.3

    - Permissible Reasons for Denying a Comprehensive Permit for Low and Moderate Income Housing Buy Form

    Exhibit 6A

    - 2021 Low and Moderate Income Homes by Community Buy Form

    Exhibit 6B

    - Fees-in-Lieu by Municipality Buy Form

    Exhibit 6C

    - 2021 Rhode Island Income Limits for Low and Moderate Income Households Buy Form

    Exhibit 6D

    - List of Approved Monitoring Agents Buy Form

    Exhibit 6E

    - R.I. Housing Model Deed Restriction Buy Form

    Exhibit 6F

    - Rules Implementing the Rhode Island Low and Moderate Income Housing Act Established Pursuant to R.I.G.L. 45-53—Amendments Approved January 2006 Buy Form

    Exhibit 6G

    - New Home Construction in Rhode Island by Building Permits 2002–2022 Buy Form
    Chapter 7 expand

    Special Development Districts, Business Improvement Districts, Historical Area Zones, and Redevelopment Authorities

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    Jon Restivo, Esq., Darrow Everett LLP

    Exhibit 7A

    - Providence Code of Ordinances: Capital Center Commission Provisions Buy Form

    Exhibit 7B

    - Providence Downtown Improvement District Petition Buy Form

    Exhibit 7C

    - General Powers of a District Management Authority Buy Form

    Exhibit 7D

    - R.I.G.L. § 45-32-5(a) (Setting Forth Powers of Redevelopment Authorities) Buy Form
    Chapter 8 expand

    Eminent Domain and Regulatory Takings

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    Chapter 9 expand

    Signage and Adult Uses

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    Chapter 10 expand

    Brownfields, Wetlands, and Municipal Regulations

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    Exhibit 10A

    - Environmental Land Usage Restriction Buy Form

    Exhibit 10B

    - Sample Soil Erosion Control Ordinance Buy Form

    Exhibit 10C

    - Sample Storm Water Ordinance Buy Form

    Exhibit 10D

    - Sample Groundwater Ordinance Buy Form
    Chapter 11 expand

    Coastal Zone Law Impacting Land Uses

    Buy Chapter
    Anthony Desisto, Esq., Anthony DeSisto Law Associates, LLC
    Mark E. Hartmann, Esq.,

    Exhibit 11A

    - Section 1.1.7 of the Coastal Resources Management Program: Variances Buy Form

    Exhibit 11B

    - Section 1.1.8 of the Coastal Resources Management Program: Special Exceptions Buy Form

    Exhibit 11C

    - Type 2 Water Matrix Buy Form

    Exhibit 11D

    - Section 1.3.1(A) of the Coastal Resources Management Program: Category B Requirements Buy Form
  • Editors & Authors

    Editor(s)

    John M. Boehnert, Esq., Law Offices of John M. Boehnert, Providence

    Author(s)

    Anthony Desisto, Esq., Anthony DeSisto Law Associates, LLC, East Providence
    Robert G. Flanders, Jr., Esq., Whelan, Corrente, Flanders, Kinder & Siket LLP, Providence
    Amy H. Goins, Esq., Ursillo, Teitz & Ritch, Providence
    Mark E. Hartmann, Anthony DeSisto Law Associates, LLC, East Providence
    John P. McCoy, Esq., Bengtson & Jestings, LLP, Providence
    Carolyn P. Medina, Esq., Law Office of Carolyn P. Medina, Providence
    Jon Restivo, Esq., Darrow Everett LLP, Providence
    Peter D. Ruggiero, Esq., Ruggiero Brochu & Petrarcha , Warwick
    Andrew M. Teitz, Esq., Ursillo, Teitz & Ritch, Providence
    Michael A. Ursillo, Esq., Ursillo, Teitz & Ritch, Providence
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