R.I. Gen. Laws
Rhode Island General Laws

R.I. Gen. Laws § 45-23-36 (2026)

General provisions — Authority and application for development and certification of completeness

✓ current as of July 2026
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(a) Authority. Municipalities shall provide for the submission and approval of land development projects and subdivisions, as such terms are defined in the Rhode Island Zoning Enabling Act of 1991, and/or this chapter, and such are subject to the local regulations which shall be consistent with the requirements of this chapter. The local regulations must include all requirements, procedures, and standards necessary for proper review and approval of applications made under this chapter to ensure consistency with the intent and purposes of this chapter and with § 45-24-47 of the Rhode Island Zoning Enabling Act of 1991.

(b) Classification. In accordance with this chapter, the administrative officer shall advise the applicant as to which category of approval is required for a project. An applicant shall not be required to obtain both land development and development plan review, for the same project. The following categories of applications, as defined in this chapter, may be filed:

(1) Subdivisions. Administrative subdivision, minor subdivision, or major subdivision;

(2) Land development projects. Minor land development or major land development; and

(3) Development plan review.

(c) Certification of a complete application. An application shall initially be reviewed by the administrative officer solely for the purpose to determine whether the application lacks information required for the respective applications type as specified in the local checklist, and whether the applicant lacks items or information which was required as a condition of a previous approval stage(s) for the same project. An application shall be complete for purposes of commencing the applicable time period for action when so certified by the administrative officer. Every certification of completeness required by this chapter shall be in writing. In the event the certification of the application is not made within the time specified in this chapter for the type of plan, the application is deemed complete for purposes of commencing the review period unless the application lacks information required for these applications as specified in the local regulations and the administrative officer has notified the applicant, in writing, of the deficiencies in the application. See §§ 45-23-38, 45-23-39, and 45-23-50 for applicable certification timeframes and requirements. An application shall not be deemed incomplete for reasons other than the failure to supply an item or items listed on the applicable checklist.

(d) Notwithstanding other provisions of this section, the planning board may subsequently require correction of any information found to be in error and submission of additional information specified in the regulations but not required by the administrative officer prior to certification, as is necessary to make an informed decision.

(e) Where the review is postponed with the consent of the applicant, pending further information or revision of information, the time period for review is stayed and resumes when the administrative officer or the planning board determines that the required application information is complete.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2007–2023 · leading case: New England Dev., LLC v. Berg, 913 A.2d 363 (R.I. 2007).
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New England Dev., LLC v. Berg, 913 A.2d 363 (R.I. 2007). · cites it 2× “The application must be certified complete or incomplete by the administrative officer within sixty (60) days, according to the provisions of § 45-23-36(b). The running of the time period set forth herein will be deemed stopped upon the issuance of a certificate of…”
Green Dev., LLC a/k/a Wind Energy Dev., LLC v. Town of Exeter (R.I. 2023). · cites it 2× “However, § 45-23-35(e) clarifies that, if a pre-application meeting is not scheduled within sixty days of a pre-application submission, “nothing shall be deemed to preclude an applicant from thereafter filing and proceeding with an application for land development or subdivision…”
— R.I. Gen. Laws § 45-23-36(b) — 1 case
New England Dev., LLC v. Berg, 913 A.2d 363 (R.I. 2007). “The application must be certified complete or incomplete by the administrative officer within sixty (60) days, according to the provisions of § 45-23-36(b). The running of the time period set forth herein will be deemed stopped upon the issuance of a certificate of…”
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