Rhode Island Statewide Rule
Rhode Island Accessory Dwelling Unit State Law
Key Facts
- Statute
- Section 45-24-73
- By-right triggers
- Disability, 20,000 sq ft, or footprint
- 1-bedroom size floor
- 900 sq ft or 60%
- Family/age limits
- Cannot be imposed
- Effective
- 2022, expanded 2024
Summary
Rhode Island state law (R.I. Gen. Laws Section 45-24-73) requires municipalities to allow accessory dwelling units by right in defined circumstances on residential lots, preempting more restrictive local zoning statewide.
§ 45-24-73. Design standards required for accessory dwelling units — Consistent statewide treatment of accessory dwelling units required. (a) Pursuant to § 45-24-37, one accessory dwelling unit (ADU) per lot shall be allowed by right under the following circumstances: (1) On an owner-occupied property as a reasonable accommodation for family members with disabilities; or (2) On a lot with a total lot area of twenty thousand square feet (20,000 sq. ft.) or more for which the primary use is residential; or (3) Where the proposed ADU is located within the existing footprint of the primary structure or existing accessory attached or detached structure and does not expand the footprint of the structure. (b) Uniform standards. (1) A municipality may establish a maximum unit size for an ADU but such limitation must allow, subject to applicable dimensional requirements: (i) A studio or one bedroom ADU of at least nine hundred square feet (900 sq. ft), or sixty percent (60%) of the floor area of the principal dwelling, whichever is less; and (ii) A two-bedroom (2) ADU of at least twelve hundred square feet (1,200 sq. ft.), or sixty percent (60%) of the floor area of the principal dwelling, whichever is less. (2) For all ADU applications, a municipality shall not: (i) Restrict tenants based on familial relationships or age unless such restriction is necessary to comply with the terms of the federal subsidy related to affordability;
Full Breakdown
R.I. Gen. Laws Section 45-24-73, strengthened by the 2024 housing laws, requires every municipality to allow at least one ADU by right where the lot is owner-occupied and the ADU accommodates a family member with a disability, the lot is 20,000 square feet or larger, or the ADU fits within the existing footprint of the primary or an accessory structure. Municipalities must permit a one-bedroom ADU of at least 900 square feet (or 60% of the principal dwelling) and cannot restrict tenants by family relationship or age, charge fees exceeding those for a new single-family home, or require separate utility connections. Section 45-24-37 lists ADUs among permitted uses.
Violations & Penalties
Municipal denial of a compliant ADU application is appealable to the zoning board and Superior Court; courts have invalidated local rules that conflict with Section 45-24-73.
Frequently Asked Questions
Can a Rhode Island city ban accessory dwelling units?
Can my town require extra parking or restrict who lives in my ADU?
Do I have to be related to the ADU occupant?
Sources
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.