Current through September 18, 2024
1.2.1
Purpose and Authority
R.I. Gen. Laws §
42-11-10 entitled, "Statewide Planning Program", allows the State Planning Council to designate strategic plans or components thereof as elements of a state guide plan. The purpose of this rule is to establish standards and procedures for the designation of plans as elements of the State Guide Plan. The Act specifies that "The state guide plan shall be comprised of functional elements or plans dealing with land use; physical development and environmental concerns; economic development; housing production; energy supply, including the development of renewable energy resources in Rhode Island, and energy access, use, and conservation; human services; and other factors necessary to accomplish the objective of this section."
1.2.2
Scope of Guide Plans
Only plans or components thereof that are broad policy plans with a statewide focus shall be considered by the Council for adoption as an element of the State Guide Plan. Plans that are primarily an implementation plan for a single agency shall not be considered for inclusion in the State Guide Plan.
1.2.3
Coordination and Outreach
A. Plans Developed by the Division of Planning - Any plan or plan revision may be developed by the Division of Planning for the purpose of adoption as, or amendment to, an element of the State Guide Plan.
B. Plans Developed by an Outside Agency - Any agency proposing to develop a plan or plan revision for the purpose of adoption as, or amendment to, an element of the State Guide Plan, shall coordinate the project with the Statewide Planning Program. The agency shall contact the Secretary for the purpose of developing a memorandum of understanding ("MOU") that shall specify the objectives, scope, general content, schedules, planning processes, procedures, and other requirements for the preparation of the plan or plan amendment. All MOU's shall note that the State Planning Council shall have final say over the final content and format of a State Guide Plan element.
C. Advisory Committees - In order to promote a broad perspective of views and to improve coordination between various stakeholders, any agency proposing to draft a new, or significantly revise an existing, plan may identify or create an advisory group to assist in the process. The membership of an advisory committee shall be proposed by the lead agency developing the plan or plan revision. Membership must include representation of local government. Additional membership may include other state agencies, non-profit organizations, academics, and private citizens having interest or expertise in the field. Any existing committee of the Council may be used as an advisory committee with the Council's approval.
D. General Public - Involvement of the general public through the use of surveys, focus groups, workshops, regional meetings, or other means is strongly encouraged.
1.2.4
Adoption of a State Guide Plan Element
A. Review - Upon the completion of a preliminary draft, a plan developed by an outside agency shall be submitted to the Division of Planning staff for review. The submission shall consist of an acceptable electronic format and one or more paper copies of the draft.
1. Staff review - Division of Planning staff shall have ninety (90) days to complete its review. The review shall consider whether the plan is:
a. consistent with other elements of the State Guide Plan; and
b. of appropriate scope and comprehensiveness.
c. Statewide Planning staff shall work with the originating agency to correct any deficiencies for the preparation of a final draft.
d. Plans developed by the Division of Planning are not subject to this provision but shall proceed under § 1.2.4(A)(2) of this Part entitled Technical Committee review.
2. Technical Committee review - Upon the completion of a final draft by Division of Planning staff or upon certification by Division of Planning staff that a plan developed by an outside agency meets the standards set forth by this Rule, the plan shall be submitted to the Technical Committee for review.
a. The Committee shall review the draft and may request Division of Planning staff and/or the originating agency to present an explanation of the plan to the committee.
b. The Committee shall make recommendations regarding the final draft and upon its determination that the draft is satisfactory, the committee shall forward the plan to the Secretary of the State Planning Council in order to be placed on the Council's agenda for its consideration.
3. Solicitation of comments - As part of the review process, the Division of Planning staff and/or the Technical Committee may solicit comments from municipal, state, regional, and federal agencies, and from interest groups.
B. State Planning Council Action
1. Public hearing - Upon receipt and review of the final draft of a plan, the Council shall vote to either remand the draft to the Technical Committee for further consideration or schedule a public hearing. The Secretary shall schedule and conduct the hearing(s), in accordance with § 1.1.10 of this Part, at which public comments on the draft will be accepted. The Secretary shall prepare a report of public comments received and any changes recommended by the Division of Planning staff.
2. Adoption - Upon review of the Secretary's report on public comments received and recommendations of Division of Planning staff, the Council may adopt the final plan as presented or instruct the Division of Planning staff to revise the plan as determined by the Council. Upon a vote of approval to adopt a plan, the plan shall become an element of the State Guide Plan.
1.2.5
Term of a State Guide Plan Element
A. Although plans may have a long-term planning timeframe, they must be reviewed and updated on a timely basis in order to maintain their accuracy and relevance to changing conditions. In some instances, a plan may be required to be updated in order to maintain eligibility for Federal funding or other assistance.
B. Establishment of a Term - State Guide Plan elements may be adopted for a defined term to be established at the time that the plan is adopted by the Council.
C. Notification of Pending Plan Expiration - At least one year prior to the expiration of the term of an element of the State Guide Plan, the Council shall notify any outside agency(s) as appropriate.
1. If an outside agency is to take the lead in the preparation of an amendment or update to a plan, the Council shall also notify the agency that a Memorandum of Understanding is required.
D. Expiration or Extension - An element of the State Guide Plan shall expire on the date set forth at the time of its adoption unless extended by the Council. The Council may extend the term of a plan's validity if the Council determines that the expiration of the plan would be detrimental to the interests of the state.
1.2.6
AMENDING A STATE GUIDE PLAN ELEMENT
A. Amendments - Any State agency, municipal government, or member of the Council may propose an amendment to any element of the State Guide Plan by requesting that the Secretary place the request for an amendment on the agenda of the next Council meeting. Amendments shall be adopted according to the procedures as set forth under §1.2.4 of this Part.
B. Technical Corrections - The Secretary of the Council is authorized to approve technical corrections, as defined in §1.1.2(A)(11) of this Part, to adopted elements of the State Guide Plan in accordance with the following procedures:
1. All requests for a technical correction(s) shall be submitted in writing to the Secretary. Any proposed technical correction requesting cartographic revisions to an adopted element of the State Guide Plan shall be accompanied by a statement that the proposed correction is consistent with the applicable local comprehensive plan(s) of the municipality(ies) affected as certified in writing by the appropriate municipal planning official(s).
2. Within thirty (30) days of the receipt of a written request for a technical correction, the Secretary shall determine whether the request conforms to the following criteria:
a. The request is complete.
b. The request meets the definition of a technical correction as defined in §1.1.2(A)(11) of this Part.
c. The request, if approved, will be consistent with the goals, policies, strategies, recommendations, performance measures, and implementation actions of the affected element of the State Guide Plan and other applicable elements of the State Guide Plan.
3. If the Secretary determines that the request for a technical correction does not conform to the criteria for a technical correction in §1.2.6(B)(2)(b) of this Part above, the Secretary shall notify the applicant in writing of this determination and advise the proponent of the opportunity to propose an amendment to the State Guide Plan element to be considered in accordance with the provisions of §1.2.6(A) of this Part.
4. If the Secretary determines that the request for a technical correction conforms to the criteria for a technical correction in §1.2.6(B)(2) of this Part above, the Secretary shall post a notice on the Division of Planning website describing the request for the technical correction, identifying the affected element of the State Guide Plan, the findings of fact used by the Secretary in arriving at the decision, and inviting written comments, and/or the opportunity to request a public hearing thereon within a thirty (30) day period following publication of the notice. The Secretary shall notify directly all members of the State Planning Council, the director(s) of affected State agencies, and the chief elected official(s) of municipalities affected by the proposed technical correction.
5. If no written request for conduct of a public hearing on the proposed technical correction is received within the thirty (30) day comment period, the Secretary may adopt the technical correction as requested, or with modifications he or she determines to be appropriate.
6. If written objection is received within the thirty (30) day comment period or if a request that a public hearing be held on the proposed technical correction, the request shall be considered in accordance with the provisions of §1.2.6(A) of this Part.
1.2.7
Notification of New or Amended State Guide Plan Elements
The Division of Planning shall, within twenty-one (21) days of Council approval, notify all municipal planning departments or planning boards or commissions of any newly adopted or amended element of the State Guide Plan. The notice shall include a summary of any new goals or policies established by the new/amended element. The notice shall also notify the planning department or planning board or commission that, in accordance with R.I. Gen. Laws §
45-22.2-9(f), all municipalities are required to, within one year, amend their comprehensive plan to conform with the amended State Guide Plan and that failure to do so may result in the rescission, in whole or in part, of State approval. In addition to municipal notification, the Division shall notify all parties contained on the public notice mailing list established by §1.1.10(A)(4) of this Part.
1.2.8
Repeal of a State Guide Plan Element
The State Planning Council may repeal any element of the State Guide Plan or portion thereof, if in its determination said element is no longer relevant, no longer accurate, or has been superseded by another element.
