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State Land Use Enacted Legislation

Bill # State Year Party Topic

H5655/S333

RI 2017 D Impact fees, Written findings, burden and standard of proof

Provided by Furman

Summary

  • Requires that municipalities imposing development impact fees conduct a needs assessment for the type of public facility or public facilities for which impact fees are to be levied every 5 years. Previously, only one needs assessment was required.
    • Changes language regarding impact fee ordinances, making it mandatory rather than permissible to deposit the fees in a proprietary fund and spend the funds within 8 years. If spending within 8 years is not feasible, the municipality must identify in writing the compelling reason for retaining the fees for a longer period. Reduces the maximum amount of time that impact fees may be retained from 12 to 10 years.
    • Imposes additional notice requirements to facilitate refunds of unused impact fees and provides that unclaimed refunds will go to the state treasurer’s unclaimed property fund instead of being retained by the municipality.

Provided by lawmakers

Bill Title

AN ACT RELATING TO TOWNS AND CITIES - RHODE ISLAND DEVELOPMENT IMPACT FEE ACT

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