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Building & Zoning

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1. Does this require a permit ?

Permit Requirements and Permit Exemptions Cheat Sheet

2. Where is my septic system located?

Rhode Island Dept. of Environmental Management (DEM), Office of Water Resources has an online septic permit search from 1968 to current. 

Link: Septic System Search RI DEM

If the house was built after 2016 our office may have the records electronically stored. 

3. Am I in a Flood Zone ?

Click the link below then enter your address in the search bar:

https://msc.fema.gov/portal/home

4. I want to buy/build a shed do I need a permit?

As of February 1, 2022 building permits are no longer required for any accessory structure 200 square feet or less. If the shed is 201 square feet or greater a building permit will be required. All sheds, regardless of size, must meet the required zoning setback for the specific lot.

5. I want to install a fence do I need a permit?

No, unless the fence is over 6’ tall or if the fence is utilized as a pool barrier. 

Fencing may be located right up to the property line, however, we recommend that you install the fence with enough access on your property so that you can perform maintenance without trespassing.

6. I want to build or repair a dock?

The link below will direct you to RI DEM Water Resource Division: 

RI DEM DOCK FACT SHEET

7. I am installing a pool do I need a permit?

Yes, a building permit, site plan and structural detail, along with an electrical permit will be required for any pool the can hold 24” or more of water is required. Additionally any pool under 48” in height requires perimeter fencing and may depending on site conditions require additional safety measures. 

All pools must be located at least 10’ from any property lines. If property is serviced by a septic system, documentation of septic location must be provided. 

For in ground pools only: depending on the amount of ground disturbance a Soil Erosion and Sediment Control (SERCS) permit may need to applied for through the Department of Public Service.

8. I am replacing my roof shingles, do I need a permit?

Yes, for overlay or strip and replace, however the code limits roof overlay to a maximum of two layers total.

9. I am replacing my siding do I need a permit?

Yes, a Building Permit is required. Additionally, an Electrical Permit will also be required for removal/attachment of the electric meter.

10. I am replacing my existing deck do I need a permit?

Yes, a building permit, framing plan and site plan are required regardless of if the deck is remaining the same size or changing size.

11. I am replacing my decking and railings without modifying it, do I need a permit?

Yes. The guard railings will need to comply with current code.

12. I am replacing my kitchen cabinets do I need a permit?

No, a building permit will only be required if you alter (add or remove) an existing wall, in which case all necessary engineering will need to be submitted with the building permit.

Plumbing and electrical permits may be needed if you are adding new electrical or relocating plumbing.

13. I am installing replacement windows, do I need a permit?

Yes. The new replacement window must meet a .35 U factor (U-factor is how well the window insulates. The lower the U-factor the better)

14. I am installing new windows do I need a permit?

Yes, the type of window required is classified by what wind zone you are in either 110 mph or 120 mph.

Please call the office for a determination 401-789-9331 x 1225

15. I want to finish my basement do I need a permit?

Yes, a building permit, framing plan and floor plan are required.  Additionally you may also need electrical, mechanical and plumbing permits depending on the scope of work.

16. I am replacing my flooring do I need a permit?

No, whether tile, hardwood, vinyl or laminate no permit is needed.

17. I want to build an addition or a dormer do I need a permit?

Yes, a building permit with site plan and structural detail are required. 

Additionally, depending on the amount of ground disturbance a Soil Erosion and Sediment Control (SERCS) permit may need to applied for through the Department of Public Service.

18. I want to install a sign for my business do I need a permit?

Yes, a sign permit will be required.

19. Do I need to be a registered or licensed contractor to do work on my own dwelling?

RI General Law 23-27.3-113.3.2 requires a contractor to be registered prior to the approval of a permit issued for work that requires a permit.

RI General Law 23-27.3-113.31 requires a person to be licensed prior to the approval of a permit issued for work that requires a permit for plumbing, mechanical, electrical, and fire alarm work.

Both sections of the RI General Law have a provision that the owner/occupant of a single family dwelling may obtain permits for all work being completed by them on their residence without the need for a contractors registration or professional trade license.

20. What can I do about mold?

Mold Many residents complain about mold in their homes. No recognized federal, state, or local health agency has created a standard for acceptable and unacceptable levels of mold inside a building. Consistent mold growth can be indicative of moisture issues resulting from plumbing or other leaks in the home.  Inspectors address any active sources of moisture (roof and plumbing leaks, bathroom and laundry humidity, and venting problems), but can only address the presence of mold as a general sanitation issue.  It is up to residents to clean up existing mold colonies or negotiate with property owners over their removal. The RI Department of Health provides education on mold and supplies this informational pamphlet. Testing for the presence of mold is not recommended by the Health Department.

21. ZONING BOARD OF REVIEW – FAQ’S:

SEE BELOW

22. How do I apply for the Zoning Board of Review

• Zoning Application
• How to create a Radius Map and Abutters List

23. What documentation is needed at a preliminary review?

Ten (10) signed applications, Ten (10) signed and notarized owner authorization forms, Ten (10) site plans clearly showing area of work, One (1) 200’ Radius Plans & One (1) 200’ Abutter’s List, Ten (10) of any other relevant information (Elevations, OWTS, CRMC, etc…), a check made payable to the Town of South Kingstown in the appropriate amount.

• $175.00 Residential
• $250.00 Commercial
• $300.00 Multi-Family

24. How do I create a Radius Map and Abutters List?

click on the link below for step by step instructions on how to create a radius map and abutters list

https://www.southkingstownri.com/DocumentCenter/View/9110/How-to-create-a-radius-map-and-abutters-list

25. After the preliminary review and the application is accepted, how long is the wait to appear before the Board?

Generally, it takes one to two months after filling to appear before the board.

The entire process from start to finish takes roughly 3 months.

26. What should be expected at the hearing?

The Chair will call the petition and invite the applicant to come forward. All parties will be sworn in and the owner or the representative of the owner will present the petition. After the applicant has given all testimony the Chair will ask if there is anyone present who wishes to speak in regards to petition. After all testimony has been heard the Board will deliberate and render a verbal decision.

27. The Board has approved/denied the application, what happens next?

The decision of the Board on every petition or appeal shall be in written form and shall include the reasons for the decision, findings of fact, and any special conditions attached thereto. The decision shall be filed in the Town of South Kingstown’s Land Evidence within forty-five (45) days of the Board’s vote, and shall be open to public inspection. Notice of such decision shall be mailed to the applicant. An aggrieved party may appeal a decision of the board to the Superior Court for Washington County by filing a complaint setting forth the reasons of appeal within twenty (20) days after such decision has been filed and posted with the town clerk.

28. Does the variance or special use permit expire?

Any variance or special use permit granted or authorized by the Board shall expire one (1) year after the date of the filing of the decision in the office of the Town Clerk, unless the applicant shall, within one (1) year, obtain a legal building permit and proceed with the construction, or obtain a certificate of occupancy when no legal building permit is required. If application is made prior to the expiration of the initial one-year period, the board may, upon written request and for cause shown, renew the variance or special use permit for a second one-year period. Said request for an extension need not be advertised nor noticed.

Further extension for cause. Should an applicant fail to begin construction with a legal building permit, or obtain a certificate of occupancy within the second one-year period, the board may upon written request filed prior to the expiration of the second one-year period, renew the variance or special use permit for a third one-year period provided that the applicant can demonstrate due diligence in proceeding and substantial financial commitment in promoting the subject of the variance or special use permit since the date of the filing of the resolution. Notice shall be given in accordance with section 906 and a hearing shall be held on the request.

29. Is there any recourse if my application is denied?

Where the board denies a request for a special use permit, variance or otherwise rules against the applicant on other than procedural grounds, the board may not consider another application requesting any or all of the same changes for a period of one (1) year from the date of such denial or withdrawal (or from the date of final court action if the decision has been appealed) except: (a) where ordered to do so on remand by a court of competent jurisdiction, or (b) where the application is accompanied by an affidavit setting forth facts, to the satisfaction of said board, showing a substantial change of circumstances justifying a rehearing.

30. How do I apply for the Zoning Board of Review

• Zoning Application
• How to create a Radius Map and Abutters List