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H 7297Cities & Towns

Towns and Cities - Tiverton's New Construction Projects Act

This bill sets strict approval deadlines for construction projects in Tiverton and changes how housing units are counted.

Held for study
Population
Affected
8
Introduced Jan 23, 2026Committee House Municipal Government & Housing

Plain-English Summary

This legislation specifically impacts the town of Tiverton regarding new construction projects. It establishes strict timelines for developers: they have one year to move from preliminary to final approval, and two years from final approval to request a building permit. If a developer misses the two-year deadline, their application and rights are voided, and they must restart the process. Additionally, the bill allows Tiverton to count approved units (including bonus units) toward the town's total housing inventory once a permit is requested, even while construction is still underway.

For younger readers

This law is made just for the town of Tiverton. It creates strict rules for people who want to build new neighborhoods or houses. It says that builders have to be fast with their paperwork. If they take too long to get the right permissions to start building, they lose their spot and have to start all over again. It also lets the town count these new houses on their list of available homes before they are even finished being built. This helps the town show it is making room for more people to live.

Who & Where It Applies

Impacted groups
Real estate developersConstruction companiesTiverton town plannersProperty owners in TivertonTiverton residents
Impacted communities
Tiverton

Constitutional & Fiscal Check

None Likely

Estimated cost
None
Estimated revenue
None

Bill Analysis

Both viewpoints
For Progressives
  • Prevents developers from "land banking" by requiring them to act on approved permits within specific timeframes, ensuring that land approved for housing is actually developed rather than held for speculation.
  • Helps the town meet state housing mandates more efficiently by allowing units under construction to count toward inventory, potentially protecting the town from penalties associated with housing shortages.
  • Streamlines the bureaucratic process for new construction, which could accelerate the creation of necessary housing stock and bonus units that may include affordable options.
  • Allows the town to count "paper units" (unbuilt housing) toward their goals, which could be used to justify rejecting other necessary affordable housing developments by claiming quotas are already met.
  • The strict one-year timeline between preliminary and final approval might rush the planning process, potentially shortening the window for community feedback and environmental impact assessments.
  • By focusing solely on Tiverton, it creates a fragmented approach to housing policy rather than a statewide systemic reform, potentially leading to inequitable development standards across the state.
For Conservatives
  • Promotes business efficiency by establishing clear, statutory deadlines for the approval process, preventing projects from languishing in bureaucratic limbo for years.
  • Empowers local control by giving the town of Tiverton specific tools to manage its housing inventory count and development pace according to its own needs.
  • Prevents developers from locking up land rights indefinitely without investing capital, ensuring that property rights are exercised actively and the market remains dynamic.
  • Infringes on property rights by voiding "vesting" rights if a developer cannot proceed within two years, regardless of market conditions or financing availability.
  • Imposes government mandates on the timing of private business decisions, forcing developers to build on the government's schedule rather than the market's schedule.
  • Creates a "use it or lose it" regulatory environment that may punish landowners who face unforeseen delays, effectively stripping them of the value of their approved permits.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 37 additions

SECTION 1. Title 45 of the General Laws entitled "TOWNS AND CITIES" is hereby amended by adding thereto the following chapter: 45-53.1-1. Title. This chapter shall be known and may be cited as the "Tiverton's New Construction Projects Act." 45-53.1-2. Definitions. For the purposes of this chapter, the following words and terms shall have the following meanings:

(1) "Bonus units" means additional residential units approved by the town of Tiverton as part of a development project in accordance with the town's zoning and development policies.

(2) "Building permit" means a permit issued by the town of Tiverton granting authorization for the commencement of construction on a project.

(3) "Certificate of occupancy" means a certificate issued by the town of Tiverton confirming that a building has been completed in compliance with all building codes and is safe for occupancy.

(4) "Final approval" means the final authorization given by the town of Tiverton following successful completion of all necessary review and approval processes for a development project.

(5) "Preliminary approval" means the initial approval granted to a development project after review and recommendation by the appropriate municipal authority. 45-53.1-3. Timelines for approval and permitting.

(a) In the town of Tiverton, the period between the granting of preliminary approval and the granting of final approval for a development project shall not exceed one year.

(b) In the town of Tiverton, the period between the granting of final approval and the issuance of a building permit shall not exceed two (2) years.

(c) In the town of Tiverton, if the applicant does not request a building permit within the two (2) year period following final approval, the application and vesting shall be considered void. The development process shall need to be restarted, and the applicant will need to resubmit a new application for review and approval. 45-53.1-4. Temporary addition of units to town's total unit count.

(a) In the town of Tiverton, once an applicant requests a building permit, the number of units approved for the development, including any bonus units, shall be temporarily added to the total unit count. This count shall be included in the town of Tiverton's current housing inventory.

(b) The units, including bonus units, shall be permanently added to the town of Tiverton's unit count upon the issuance of a certificate of occupancy for the development or three (3) years from the date of the request for a building permit, whichever occurs first.

(c) The town of Tiverton shall be allowed to count the units, including bonus units, against other new developments while the construction is ongoing. This allowance shall ensure that the town of Tiverton remains in compliance with its housing and development goals, while still providing flexibility to the applicant during the construction phase.

SECTION 2. This act shall take effect upon passage.