Product Description

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

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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George W. Watson, III, Esq., Robinson+Cole LLP

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

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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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Timothy C. Twardowski, Esq., Robinson+ Cole LLP

Chapter 9 expand

Signage and Adult Uses

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Robert G. Flanders, Jr., Esq., Whelan, Corrente, Flanders, Kinder & Siket LLP
Thomas W. Madonna, Jr., Esq., Hinckley Allen LLP

Chapter 10 expand

Brownfields, Wetlands, and Municipal Regulations

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Robin L. Main, Esq., Hinckley Allen LLP

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

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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

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