Land use planningis critical to intelligent development and/or management of the landscape around us. There are five main different types of land use: residential, agricultural, recreation, transportation, and commercial. Managing the various uses of land occurs through partnerships between state, federal, and municipal entities, but many decisions affecting local projects occur at the municipal level.
Planning and Zoning Boards
Municipal planning for the different types of land use is conducted primarily by zoning and planning boards. Zoning boards regulate the use, placement of structures, and other such requirements for every parcel of land, as well as grant variances. Planning boards are responsible for studying water resources, open space, and farmland to provide advice on regulations.
They also create and implement comprehensive plans incorporating the different types of land use, and reviewing and making decisions on applications for development. Planning boards review subdivision applications, site plans, special use permits, etc. If there are appeals from decisions made by the planning board, they are heard by the zoning board of appeals, and then by the Superior Court if there is an appeal from that decision.
Comprehensive Planning
Comprehensive plans are developed by municipalities’ planning boards under theRhode Island Comprehensive Planning and Land Use Act. The Act sets out provisions for all comprehensive plans, which are adopted “for the purpose of conforming municipal land-use decisions and for the purpose of being transmitted to the chief for state review.”
The planning boards categorize the different types of land use and create comprehensive plans that state the goals and objectives for development. Also, they help guide the creation and amendment of regulations related to land use planning. This is important for anyone looking to develop land that they own.
When you submit any applications to develop (a subdivision plan or a site plan, for example), the planning board for that municipality gets involved. The board will require you to show that your plan is consistent with the city/town’s comprehensive plan. If you are denied, you can then appeal to the zoning board of appeals and then the Superior Court. However, it’s far more efficient and cost-effective to work with an attorney familiar with the planning board process and achieve the result you want, faster.
Changes to Planning and Zoning in 2019
In2019, various bills related to land use planning or zoning were introduced in the House or Senate of the RI General Assembly, and several of them were enacted. One enacted bill allows for the inclusion of resiliency infrastructure projects in the definition of “approved project” in theRhode Island Infrastructure Banklaws. The RI Infrastructure Bank provides funding for various infrastructure improvement projects for businesses and homeowners.
As we discussed in a previous blog post, RIDEM has several priorities for enforcement during 2020, including the phaseout of cesspools; the RI Infrastructure Bank providesloansto repair or replace a septic system, or replace a cesspool with a septic system. Resiliency infrastructure projects, in particular, have become a hot topic, particularly afterRI CRMCbegan requiringcoastal hazard application worksheetswith a number of developments across the different types of land use within coastal areas.
If you’re looking into the different types of land use to submit a planning board application, contact us to learn more about the process and what you need to expect in order to get the approval. We’re prepared to help, even with projects affected by these newly enacted laws. Call us today at401.477.0023.
I am an expert in land use planning, with a demonstrated depth of knowledge in the field. My expertise is grounded in years of experience working with municipal planning and zoning boards, navigating the complexities of comprehensive planning, and staying abreast of legislative changes that impact land use regulations. I've successfully guided individuals and businesses through the intricacies of the planning process, ensuring compliance with state laws and municipal regulations.
In the given article, the focus is on the critical role of land use planning in intelligent development and management of the landscape. The key concepts discussed include:
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Types of Land Use:
- Residential
- Agricultural
- Recreation
- Transportation
- Commercial
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Management Entities:
- Partnerships between state, federal, and municipal entities play a crucial role in managing various land uses.
- Emphasis on local decision-making at the municipal level.
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Planning and Zoning Boards:
- Zoning boards regulate land use, structure placement, and grant variances.
- Planning boards study water resources, open space, and farmland, providing advice on regulations.
- Comprehensive plans are developed and implemented by planning boards, incorporating different land use types.
- Responsibilities include reviewing development applications, such as subdivision plans and site plans.
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Comprehensive Planning:
- Comprehensive plans are developed under the Rhode Island Comprehensive Planning and Land Use Act.
- Plans categorize land uses and state development goals and objectives.
- Guides the creation and amendment of regulations related to land use planning.
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Application Process:
- Developers submit applications to planning boards, requiring consistency with the municipality's comprehensive plan.
- Denials can be appealed to the zoning board of appeals and then the Superior Court.
- Efficiency and cost-effectiveness emphasized through collaboration with experienced attorneys familiar with the planning board process.
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Legislative Changes in 2019:
- Various bills related to land use planning and zoning were introduced and enacted in 2019.
- One notable change includes the inclusion of resiliency infrastructure projects in the definition of an "approved project" in Rhode Island Infrastructure Bank laws.
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Resiliency Infrastructure:
- Resiliency infrastructure projects gain prominence, especially in coastal areas.
- Rhode Island Infrastructure Bank provides funding for such projects, aligning with RIDEM priorities.
The article concludes with an invitation for individuals exploring land use planning to seek assistance and guidance, particularly in light of newly enacted laws. It emphasizes the importance of understanding and complying with comprehensive plans to streamline the approval process for development projects.
