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Saturday, May 3, 2025

House passes Rep. Spears bill to clarify local zoning opinions

Legislation is part of Speaker Shekarchi’s 2025 12-bill housing package 

The House passed legislation introduced by Rep. Tina Spears to allow those purchasing property to rely on the zoning certificates or opinions they receive from local officials.

The legislation is part of House Speaker K. Joseph Shekarchi’s (D-Dist. 23, Warwick) 12-bill package of legislation regarding housing issues, his fifth comprehensive suite of housing bills since becoming Speaker in 2021.

“The specific zoning status of a parcel can be complex and difficult to understand for property owners and prospective buyers,” said Representative Spears (D-Dist. 36, Charlestown, New Shoreham, South Kingstown, Westerly). 

“That’s why it’s so important that the zoning opinions issued locally are reliable enough for owners and buyers to make informed decisions about their development plans for their properties. This bill ensures that they will be, removing an unneeded area of ambiguity in our state zoning law.”

The bill (2025-H 5795) would allow purchasers to reasonably rely on zoning opinions issued by local officials. Presently, when a current or prospective property owner obtains a zoning certificate, the certificate is for instructive purposes only and not binding; this amendment would remove the non-binding nature of zoning certificates to allow property owners to rely on the municipal determination of the legality of the present use.

The bill now heads to the Senate for consideration.