Rhode Island Code of Regulations
Title 670 - State Planning Council
Chapter 00 - N/A
Subchapter 00 - N/A
Part 1 - Rules and Standards of the State Planning Council (670-RICR-00-00-1)
Section 670-RICR-00-00-1.4 - Comprehensive Plan Review Process

Universal Citation: 670 RI Code of Rules 00 00 1.4

Current through September 18, 2024

1.4.1 Purpose and Authority

The purpose of this rule is to establish standards and procedures for the municipal adoption of local comprehensive plans, for State review and approval thereof, and for the achievement of the goals and intent of R.I. Gen. Laws Chapter 45-22.2 entitled, "Rhode Island Comprehensive Planning and Land Use Regulation Act" ("Act"). R.I. Gen. Laws § 45-22.2-10 mandates the State Planning Council adopt all rules and regulations necessary to implement the standards established by the Act.

1.4.2 Guidance Manual / Establishment of Standards

A. In accordance with R.I. Gen. Laws §§ 45-22.2-9(b) and 45-22.2-10(b), the Chief shall prepare for publication a guidance manual that provides guidelines and standards for the preparation of comprehensive plan content, incorporation of State goals and policies into comprehensive plans, and offers general technical assistance in the development of a comprehensive plan. This publication shall also inform municipalities of the standards used in the review of a comprehensive plan under § 1.4.7 of this Part.
1. A draft of the guidance manual, or substantive amendments to it, must be approved by the Council prior to publication or distribution. Technical updates or minor administrative revisions shall not require Council action.

1.4.3 Preliminary Notification

A. Comprehensive Plans - Not less than one year prior to the expiration of the State approval of a comprehensive plan, the Chief shall notify the subject municipality of the pending expiration and shall notify the municipality of any technical and/or financial assistance that may be available to assist in in the preparation of a new or updated plan.

B. Informational Reports - Not less than three (3) months prior to the due date for an informational report on the status of the comprehensive plan implementation program, the Chief shall notify the subject municipality of the pending deadline and shall notify the municipality of such technical assistance as may be available.

1.4.4 Review of Draft Material

A. Submission Types - Municipalities may submit to the Chief draft comprehensive plan materials for review, comment, and technical assistance. Submissions will be categorized as described below:
1. Type 1: Review by Division of Planning staff only
a. one or more draft chapters of a comprehensive plan (Type 1a)

b. draft amendments to a comprehensive plan (Type 1b)

2. Type 2: Review by Division of Planning staff and staff of other State agencies
a. one or more draft chapters of a comprehensive plan (Type 2a)

b. a full draft of the comprehensive plan (Type 2b)

c. draft amendments to a comprehensive plan (Type 2c)

d. When submitting draft material, the municipality is to indicate which type of review it is seeking.

B. Review Periods - All responses to requests for review, comment, and technical assistance shall be as expeditious as resources allow. Unless otherwise agreed to by the submitting municipality, comments on draft materials will be furnished according to the following schedule:
1. For Type 1a submissions, comments on a single chapter shall be provided within twenty (20) days. Staff shall be allowed an additional ten (10) days for each additional chapter submitted.

2. For Type 1b submissions, comments shall be provided within thirty (30) days.

3. For Type 2a submissions, comments on a single chapter shall be provided within thirty (30) days. Staff shall be allowed an additional fifteen (15) days for each additional chapter submitted.

4. For Type 2b submissions, comments shall be provided within one-hundred twenty (120) days.

5. For Type 2c submissions, comments shall be provided within forty-five (45) days.

1.4.5 Submission for State Approval / Municipal Notification

A. Submission Requirements - A municipality must submit to the Chief:
1. One electronic copy in a format compatible with the Division of Planning and sufficient paper copies, as determined by the Chief, of the comprehensive plan or plan amendment as approved by the city or town council.

2. In accordance with R.I. Gen. Laws § 45-22.2-8, evidence that:
a. the comprehensive plan was prepared by the planning board, commission, or local planning committee;

b. the planning board, commission, or local planning committee, solicited public comments and that a minimum of one individual or joint public hearing was held; and,

c. that the planning board, commission, or local planning committee submitted the comprehensive plan or amendment to the city or town council with recommendations.

3. In accordance with R.I. Gen. Laws § 45-22.2-8, evidence that:
a. the city or town council conducted a minimum of one individual or joint public hearing and

b. the comprehensive plan or plan amendment was adopted by the city or town council and was incorporated by reference into the municipal code of ordinances.

4. Other information as may be required by the Chief in order to ensure that the intent and goals of the Act are achieved.

B. Municipal Notification
1. The Chief shall, within seven (7) days of receipt, notify the submitting municipal authority in writing as to:
a. the date that the submission was received;

b. any missing material that must be submitted in accordance with § 1.4.5(A) of this Part; or if complete,

c. the date by which the Chief must respond to the municipality in accordance with R.I. Gen. Laws § 45-22.2-9(c).

C. Incomplete Submissions - The Chief shall allow a municipality fifteen (15) days to provide any missing material identified in §1.4.5(B)(1)(b) of this Part. If the required material has not been provided by the end of fifteen (15) days, the Chief may issue a denial of State approval or grant additional time for the municipality to supply the required material.

D. Special Exception: Amendments to Comprehensive Plans that do not have Current State Approval - The Act requires that "[comprehensive plan] amendments shall be submitted to the chief within thirty (30) days of adoption by the municipal legislative body"; notwithstanding, granting State approval of an amendment to a comprehensive plan that does not have State approval, would run contrary to the goals and intent of the Act. Any municipality that adopts an amendment to a comprehensive plan that is not currently State approved must still submit one electronic copy in a format compatible with the Division of Planning and one paper copy of the plan amendment as approved by the city or town council; however, in lieu of a standard review, the Chief shall, within seven (7) days, notify the municipality that State approval of the amendment is denied but shall offer the municipality the option of having the amendment reviewed under the provisions of § 1.4.4 of this Part, Review of Draft Material.

1.4.6 Solicitation of Comments

A. Public Notice - The Chief shall post a notice on the Division of Planning website of comprehensive plans or comprehensive plan amendments submitted under §1.4.5 of this Part. In accordance with R.I. Gen. Laws § 45-22.2-9(c)(2), this notice shall be posted within fifteen (15) days of receipt of all required materials and shall offer interested parties a minimum of thirty (30) days to provide comment. Additional time to provide comment may be granted by the Chief upon request. Comments not received within the comment period may not be considered by the Chief.

B. Agency and Contiguous Municipality Notice - In addition to the public notice required under § 1.4.6(A) of this Part, the Chief shall, within fifteen (15) days of receipt of all required materials, solicit comments from:
1. any state or regional agency that the Chief may identify as having a specific interest in the comprehensive plan or comprehensive plan amendment and

2. all municipalities contiguous to the municipality submitting the plan. Such entities shall be offered a minimum of thirty (30) days to provide comment. Additional time to provide comment may be granted by the Chief upon request. Comments not received within the comment period may not be considered by the Chief. Any agency, municipality, or other entity notified by the Chief that does not respond shall be considered to have no objection to the approval of the plan or plan amendment.

C. Authorized Commenters
1. Authorized agency commenters - The Chief shall maintain a list of individuals authorized by their Agency director to provide comments on behalf of said Agency.

2. Authorized municipal commenters - Unless otherwise notified by a mayor, town manager, or president of a town council, the Chief shall request municipal comments from the municipal planner or planning board chair.

1.4.7 Review

The Chief shall review comprehensive plans in accordance with the schedule established by R.I. Gen. Laws § 45-22.2-9(c) and criteria established by R.I. Gen. Laws § 45-22.2-9(d). Only those plans that have been reviewed in full under the provisions of § 1.4.4 of this Part shall qualify for the abbreviated review period specified in R.I. Gen. Laws § 45-22.2-9(c)(3)(ii). The Chief shall consider all timely comments received under §1.4.6 of this Part. If the Chief finds any deficiency in a comprehensive plan, it shall be reported to the municipality along with guidance as to how the deficiency could be remediated.

1.4.8 Revisions to Comprehensive Plans or Amendments under Review

A. Timeliness - A municipality may, in response to comments submitted as part of the initial review or for any other reason, revise its comprehensive plan prior to the final decision by the Chief. All revisions must be submitted prior to a final decision by the Chief. Any revision submitted after a decision by the Chief must be submitted as a comprehensive plan amendment.

B. Re-Adoption by the City or Town Council - Any revision to a comprehensive plan or comprehensive plan amendment made in response to comments provided by the Chief should be evaluated by the city or town solicitor to determine if the change is significant enough to warrant re-adoption by the city or town council. Revisions that affect the overall guidance and direction of the comprehensive plan in terms of goals or policies, future land uses, or implementation of the plan would normally warrant re-adoption. However, if the determination is that re-adoption is not required, the municipality must provide a letter to the Chief from the solicitor stating so. Failure to do so may result in a disapproval of the revised plan. If the determination is that re-adoption is warranted, additional public hearings shall be required as a condition for State approval in accordance with R.I. Gen. Laws § 45-22.2-8(b)(1).

C. Review of a Re-Adopted Plan - Upon the submittal of a re-adopted comprehensive plan or comprehensive plan amendment, the Chief shall determine whether a new public notice and comment period is warranted. If so, the Chief shall attempt to negotiate an extension of time to complete the review with the municipality. If the Chief and municipality cannot agree on a mutually acceptable extension, the Chief shall issue a letter disapproving the comprehensive plan or comprehensive plan amendment.

1.4.9 Issuance of State Approval or Disapproval

A. The Chief shall review all material submitted by the municipality and render a final decision on the plan or amendment within thirty (30) days of the end of the period for correction. The Chief shall issue a letter of approval or disapproval to the submitting municipal authority. The letter shall contain findings supporting the final decision. In accordance with R.I. Gen. Laws § 45-22.2-9(c)(5), letters of disapproval shall be sent by registered mail.

B. In the case of disapproval, municipalities have thirty (30) days to appeal the Chief's decision to a hearing officer in accordance with R.I. Gen. Laws § 45-22.2-9.1. In cases of disapproval, the Chief shall annually notify the city or town council that they are encouraged to revise and resubmit the plan. In addition, the Chief shall offer technical and financial assistance as may be available.

1.4.10 Five-Year Implementation Assessment

A. Pursuant to R.I. Gen. Laws § 45-22.2-12(d), each municipality is required to prepare an informational report on the status of their comprehensive plan implementation program not more than five (5) years from the date of municipal approval. This report shall be submitted to the Chief and must include:
1. a list of all implementation actions, schedules, and responsible parties;

2. identification of progress made;

3. identification of obstacles to progress; and

4. an assessment as to whether modification of the implementation program is needed in order to achieve the goals and objectives of the comprehensive plan.

1.4.11 Rescission of State Approval

A. Pursuant to R.I. Gen. Laws §§ 45-22.2-9(f) and 45-22.2-13(g)(1), the Chief may rescind the approval of a comprehensive plan, in whole or in part, for the following reasons:
1. Failure to amend a comprehensive plan in response to an amendment to R.I. Gen. Laws Chapter 45-22.2 entitled, "Rhode Island Comprehensive Planning and Land Use Act" or an amendment to the State Guide Plan;

2. Failure to:
a. amend a municipal zoning ordinance and map to conform to the comprehensive plan within one-hundred twenty (120) days of the schedule as identified in the approved comprehensive plan implementation program or, if applicable, the expiration of a moratorium imposed under the provisions of R.I. Gen. Laws § 45-22.2-13(e); or

b. amend the comprehensive plan implementation schedule to allow the municipality additional time to amend a municipal zoning ordinance and map to conform to the comprehensive plan; or

c. amend the comprehensive plan's future land use map to remove any identified inconsistency with existing zoning.

3. The identification of a deficiency in the comprehensive plan that would preclude its approval under the criteria established by R.I. Gen. Laws § 45-22.2-9(d). In such an event, that the Chief shall first offer the municipality one-hundred twenty (120) days to correct the identified deficiency before rescinding approval of the plan.

B. In the case of a rescission, the Chief shall notify the municipality in accordance with the provisions of § 1.4.9 of this Part.

1.4.12 Procedures to Act in Non-Conformance to a State Approved Comprehensive Plan

A. Pursuant to R.I. Gen. Laws § 45-22.2-10(g), programs and projects of State agencies are required to conform to State approved comprehensive plans unless the agency demonstrates to the Council that:
1. The program, project, or facility conforms to the stated goals, findings, and intent of the Comprehensive Planning and Land Use Act;

2. The program, project, or facility is needed to promote or protect the health, safety, and welfare of the people of Rhode Island;

3. The program, project, or facility is in conformance with the relevant sections of the State Guide Plan; and

4. The program implementation, project, or size, scope, and design of the facility will vary as little as possible from the comprehensive plan of the municipality.

B. State Agency Request for State Planning Council Review - State agencies may request Council review of a program, project, or facility by submitting the following to the Secretary:
1. A description of the program, project, or facility that the State agency seeks to pursue;

2. A statement as to how the program, project, or facility conforms to the stated goals, findings, and intent of the Act;

3. An explanation of why the program, project, or facility is needed to promote or protect the health, safety, and welfare of the people of Rhode Island;

4. A description of how the program, project, or facility is in conformance with the relevant sections of the State Guide Plan;

5. The provisions of the municipal comprehensive plan that the program, project, or facility would conflict with; and

6. An explanation of the measures undertaken by the agency to ensure that the program, project, or facility varies as little as possible from the municipal comprehensive plan.

C. Municipal Request for State Planning Council Review - A municipality shall have the right to present its case to seek compliance with its comprehensive plan or recommend revisions to the program, project, or facility that would minimize the conflict with its comprehensive plan. Municipalities may request Council review of a State sponsored program, project, or facility by the chief executive officer of the municipality submitting the following to the Secretary:
1. Identification of the sponsoring State agency and a description of the program, project, or facility that the municipality objects to;

2. The provisions of the municipal comprehensive plan that the program, project, or facility would conflict with; and

3. Recommendations as to how the sponsoring State agency could modify the program, project, or facility to minimize or eliminate the conflict with the municipal comprehensive plan.

D. Staff Review - Staff of the Division of Planning shall review the submitted materials and prepare an advisory report within sixty (60) days following the receipt of the request by the Secretary. The advisory report shall consider whether:
1. The program, project, or facility conforms to the stated goals, findings, and intent of the Comprehensive Planning and Land Use Act;

2. The program, project, or facility is needed to promote or protect the health, safety, and welfare of the people of Rhode Island;

3. The program, project, or facility is in conformance with the relevant sections of the State Guide Plan; and whether

4. The program implementation, project, or size, scope, and design of the facility varies as little as possible from the comprehensive plan of the municipality.

5. Staff may request additional information as needed.

E. Public Hearing - The Council shall schedule and conduct a public hearing on the proposal, in accordance with § 1.1.10 of this Part, at which the State agency must demonstrate that it has met the standards set forth in R.I. Gen. Laws § 45-22.2-10(g). The Secretary shall prepare a report of public comments received.

F. Determination - The Council shall make a determination, whether the program, project, or facility meets the requirements established by R.I. Gen. Laws § 45-22.2-10(g). If the Council determines that the program, project, or facility does not meet the requirements, it may offer recommendations to the sponsoring State agency as to how the program, project, or facility could be modified to achieve approval.

1.4.13 Provision of Copies of a State Approved Plan

Upon the approval of a comprehensive plan the municipality shall provide, if requested by the Chief, one electronic copy in a format compatible with the Division of Planning and up to two (2) paper copies of the comprehensive plan as approved. Municipalities shall have thirty (30) days to comply with such a request.

Disclaimer: These regulations may not be the most recent version. Rhode Island may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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