Title 45
Towns and Cities

Chapter 70
Continuing Education for Local Planning and Zoning Boards and Historic District Commissions

§ 45-70-3. Land use law and planning — Required education for local planning and zoning board members and historic district commission members.

(a) Every current member or alternate member of a local planning and zoning board or commission or combined board or commission or historic district commission performing land planning or zoning functions shall be required to have satisfactorily completed an education program in land use law and planning to be prepared by the director of the department of administration.

(b) The education program pursuant to this chapter shall be prepared and offered within twelve (12) months of the enactment of this chapter and shall include an introductory program offered for new or prospective board members and continuing education courses offered for existing board members. Furthermore, the education program shall be sufficient in design and duration to adequately and reasonably address the topic areas related to land use and planning, including all topics determined relevant by the director, and shall consist of no less than three (3) hours of scheduled instruction for the introductory course or courses and no less than one hour of scheduled instruction for any subsequent annual continuing education requirements. Reasonable efforts shall be made by the director to have the course of study structured in such a manner that a member may satisfy these requirements through a variety of instructional means including, but not limited to: traditional style classroom and seminar training, distance learning, webinars, on-site presentations, and by other means as deemed appropriate by the director. Education program topics to be considered may include, but not be limited to, the following:

(1) History and purposes of planning and zoning;

(2) State laws and local ordinances, rules and regulations applicable to the work of planning and zoning members, including a full review of chapter 53 of this title (“Rhode Island Low and Moderate Income Housing Act”);

(3) Overview of the functions of the boards, statutory requirements, and the main tools of planning, zoning, and subdivision review;

(4) Role of others in the planning and zoning process (citizens, applicants, planning and zoning staff, and elected officials);

(5) Understanding and interpreting local comprehensive plans in helping to make land use decisions;

(6) Understanding basic property rights;

(7) Legal context for the decision-making process and making legal, defensible decisions;

(8) Basics of “findings of fact”, making the record, and the legal context for planning;

(9) Public hearings, voting requirements and other key procedural requirements;

(10) How to review site plans and subdivisions;

(11) Types of conditions boards may impose when approving special permit(s) or variance application(s);

(12) Open meetings/ethics requirements/avoiding ethical dilemmas; and

(13) Proper ways to manage public meetings including quorums, recusals, and rules of order.

(c) Every current member or alternate member of a local planning board pursuant to chapter 22 of this title shall, in addition to any other education requirement promulgated pursuant to this chapter, complete two (2) hours of training and education concerning the effects of development in a flood plain and the effects of sea-level rise once every two (2) years. Each member shall complete two (2) hours of training in order to be certified for the two (2) years required by this chapter.

(d) Except as otherwise provided in this chapter, any person who is serving as a member or alternate member of a planning, zoning, or combined board or commission or historic district commission performing land use and planning pursuant to general laws, shall be required to complete the introductory education program within twenty-four (24) months of January 1, 2023, or within (24) months of appointment, whichever is later, and shall also complete the required annual continuing education requirements as may be required. No decision of a planning board, zoning board, or historic district commission shall be voided or declared invalid because of failure of a member to comply with these training requirements.

(e) Upon completion of the training required pursuant to this chapter, the local planning and zoning board or commission or combined board or commission or historic district commission member shall file with the municipal clerk a statement asserting the training course has been completed.