PORTSMOUTH — The Town of Portsmouth plans to take the state to court over recent housing laws that town officials contend have improperly eroded local control over zoning, planning and development.
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PORTSMOUTH — The Town of Portsmouth plans to take the state to court over recent housing laws that town officials contend have improperly eroded local control over zoning, planning and development.
The town council is expected to disclose details Thursday night of litigation challenging provisions of housing laws enacted by the General Assembly over the past several years. The case will argue, on constitutional and statutory grounds, that some of those laws infringe upon municipal home-rule authority.
The move follows a resolution unanimously adopted by the council in January that called for Portsmouth to work with other Rhode Island communities to consider legal action over state housing mandates.
In that resolution, the council directed its solicitors to explore seeking court orders blocking enforcement of portions of the laws that the town believes conflict with home-rule provisions, local comprehensive plans and municipal zoning authority.
The council also sought judicial guidance on how far local planning and zoning boards may go in imposing what it called “reasonable limits” on development projects.
Portsmouth officials have stressed that they recognize Rhode Island’s need for more affordable housing. The January resolution states that the town supports policies that increase housing opportunities, but argues that those policies should remain consistent with home-rule principles and local planning authority.
At issue is a series of laws approved by the General Assembly as part of a multiyear effort to address Rhode Island’s housing shortage. State lawmakers have said the measures are intended to remove barriers to housing construction, streamline development and encourage communities to allow more types of housing. In 2025, House Speaker K. Joseph Shekarchi’s housing package included measures addressing such issues as higher-density development, mixed-use zoning and municipal permitting procedures.
Portsmouth officials, however, contend that statewide requirements can conflict with comprehensive plans, zoning ordinances, infrastructure limitations and environmental conditions that differ from community to community.
The January resolution argued that a “one-size-fits-all approach” could undermine the role of municipal planning and zoning boards and result in development without sufficient consideration of such issues as water and sewer capacity, traffic and public safety, schools and environmental constraints.
Among the legal options the council directed its solicitors to investigate was an attempt to temporarily block enforcement of provisions found to conflict with home-rule protections or local comprehensive plans.
The resolution also called for enough time for communities to assess the effects of increased development on infrastructure and to amend their comprehensive plans to accommodate changes in state law.
The town now appears ready to move from considering those legal options to pursuing a court challenge.
Similar concerns elsewhere
Portsmouth is not acting entirely on its own. According to a media advisory issued Wednesday, municipalities elsewhere in Rhode Island have expressed similar concerns about the effect of recent housing legislation on local zoning and planning authority. The town has not yet publicly identified which communities, if any, will participate in the litigation.
More details are expected Thursday evening, when council members and lead counsel Joseph S. Larisa Jr. hold a press conference at 6 p.m. at Portsmouth Town Hall.
They are expected to discuss the substance of the lawsuit, its objectives and the constitutional home-rule arguments on which the challenge will be based.