ADU Pass
Block Island
ADU Pass helps homeowners in Block Island, Washington County, Rhode Island navigate the permit paperwork for building an accessory dwelling unit. This area covers 1 ZIP code.
ADU details
ADU legality: allowed-with-restrictions
Block Island has the most restrictive ADU framework in Rhode Island, but ADUs are explicitly permitted in every zoning district. The trade-off is the Section 513 occupancy deed restriction (year-round residents OR island workers only - no STR conversion) and CRMC review on virtually every parcel. Block Island Water Company capacity is a real constraint in Old Harbor and New Harbor service areas.
Cost scenarios
| Scenario | Sq ft | Permit | Build | Total |
|---|---|---|---|---|
| minimum | 200 | $3,200 | $110,000 | $113,200 |
| 600 | 600 | $4,800 | $360,000 | $364,800 |
| midpoint | 900 | $6,500 | $540,000 | $546,500 |
| maximum | 1,200 | $8,500 | $720,000 | $728,500 |
Fee breakdown (as of 2026-04)
Permitting process
- Pre-application research at New Shoreham Building Department (~5d)
Charles Phelps is Building Official; Caren Ford handles administration. Office at 16 Old Town Road (PO Box 220), 8 AM - 3 PM Mon-Fri. Phone 401-466-3216, email building@new-shoreham.com or buildinginspector@newshorehamri.gov. - CRMC permit / Cat A or Cat B assent (~90d)
Construction within 200 ft of a shoreline feature requires CRMC review (effectively all of Block Island). Determine whether project requires a CRMC Assent (Cat A administrative or Cat B full review). Cat B can take 90+ days. - RIDEM ISDS (septic) or BIWC capacity letter (~35d)
Most island parcels are on private septic; RIDEM ISDS approval needed for any system upgrade. For BIWC service area parcels (Old Harbor / New Harbor commercial districts), Block Island Water Company must issue a capacity letter confirming capacity for the additional dwelling unit. - Section 513 ADU application submittal (Town zoning) (~1d)
Submit Residential Application for Section 513 ADU. Application requires (a) signed affidavit attesting to occupancy restriction (year-round resident OR island employee), (b) draft deed restriction language, (c) standard zoning materials. - Building permit submittal via OpenGov / state portal (~1d)
New Shoreham building permits filed at https://newshorehamri.portal.opengov.com/categories/1072 (also available via permits.ri.gov). Required: site plan, floor plan, elevations, structural plans (145 mph design wind), IECC 2018 compliance docs, CRMC assent. - Combined zoning + building plan review (~30d)
Building Official reviews structural / wind / IECC; zoning officer reviews Section 513 compliance + deed restriction. Single small staff means serial review more common than parallel. - Deed restriction recordation (~7d)
Owner records the Section 513 occupancy restriction against the deed in Town Land Records. CO is conditioned on recordation. - Construction inspections (ferry-coordinated)
Foundation, frame, MEP rough, insulation, drywall, final. Inspector availability constrained by single official Phelps + ferry schedule for off-island sub-contractor inspections. - Certificate of Occupancy + 2-year affidavit renewal calendar (~5d)
CO issued after final inspection AND deed restriction recorded. Owner must renew the occupancy affidavit every 2 years to maintain valid CO.
Viability (permitted uses)
- Long-term rental: yes (Section 513) Long-term rental to year-round Town residents OR persons deriving income from island employment is the explicitly permitted use. Affidavit renewal every 2 years.
- Short-term rental: no (Section 513 occupancy restriction) Section 513 EXPLICITLY prohibits offering or using an ADU for seasonal occupancy, except for seasonal occupancy by persons deriving income from employment on the Island. Vacation STR conversion of an ADU is not permitted. This is the most distinctive feature of Block Island ADU policy.
- Office rental: no ADU is dwelling-unit use only.
- Home office: yes Home occupation permitted in residential districts subject to use-table conditions.
- Studio / workshop: yes Personal artist / workshop studio permitted as accessory residential use.
- Agriculture: with-restrictions Limited agriculture permitted in some districts; ADU use itself remains residential.
- Relative support: yes Family members who are year-round Town residents are explicitly within the Section 513 occupancy class.
Incentives
- Section 513 voluntary affordability deed restriction — Owners who voluntarily extend the Section 513 deed restriction to require affordable rents (per Town affordable-housing definition) receive property tax incentives.
Contacts
Staff: Charles Phelps (Building Official) buildinginspector@newshorehamri.gov, Caren Ford (Building Department Administrative Assistant) cford@newshorehamri.gov, Block Island Housing Board (Affordable housing oversight (Section 513 deed restrictions tie in here))
Utilities
- Water: Block Island Water Company (BIWC) - quasi-municipal enterprise fund of Town of New Shoreham, serves Old Harbor and New Harbor commercial districts; private wells throughout the rest of the island · 60d connect · $12,000
- Sewer: BIWC Sewer Department for Old Harbor / New Harbor; private OWTS / septic regulated by RIDEM ISDS for the rest of the island · 45d connect · $35,000
- Electric: Block Island Power Company (Block Island formerly diesel-powered, now connected via Block Island Wind Farm transmission cable to mainland grid since 2017) · 35d connect · $4,500
- Gas: No piped gas service on Block Island - propane delivered by ferry-supplied tank service · 30d connect · $4,500
Property values & taxes
Market rent by ADU size
| Sq ft | Rent |
|---|---|
| 400 | $1,800/mo |
| 700 | $2,500/mo |
| 1,200 | $3,200/mo |
Construction timeline
Realistic total: best 12mo · typical 18mo · worst 30mo
Block Island construction calendar is dominated by ferry-shipping logistics (Block Island Ferry from Point Judith - vehicle slots are scarce especially May-Oct), winter storm interruptions, scarce labor (most trades commute by ferry), and CRMC permit timelines. 'Best case' assumes off-season start with materials staged before April.
Modular pathway RI State Building Code Commission - Modular Home Program · inspectors are rare with modular
All modules must be ferry- or barge-shipped from Point Judith (~13 nautical miles); Block Island Ferry vehicle deck has weight and dimension limits. Barge for oversized loads requires coordination with island stevedore. CRMC compliance for staging area at Old Harbor.
Financing
State ADU loans:
- RIHousing - state mortgage / refi products eligible for ADU (Rhode Island Housing and Mortgage Finance Corporation)
- Block Island Housing Board - locally administered programs (Town of New Shoreham)
Insurance impact
Block Island carriers are limited; RI FAIR Plan often the wind-coverage backstop. NFIP flood policy required for federally-financed mortgages on V or AE zone parcels.
HOA prevalence & preemption
Some condo conversions in Old Harbor and New Harbor have HOAs; majority of island parcels are individual deeds.
Regulatory overlays (4)
- coastal-zone — ENTIRE ISLAND - CRMC has jurisdiction within 200 ft of any shoreline feature, which on Block Island effectively encompasses every parcel · +90d · +15% cost
CRMC Cat A or Cat B assent required. CRMC Block Island SAMP and statewide SAMPs apply. Coastal Property Guide identifies 50 ft minimum setback from coastal feature, increased per Shoreline Change Maps in erosion-prone areas. (map) - flood-zone — FEMA SFHA Zone VE (velocity wave) along beaches and Zone AE inland of dunes; X-shaded across higher upland areas · +14d · +12% cost
Coastal A and V zones drive elevated finished-floor requirements, breakaway walls, and pile foundations on shoreline parcels. (map) - wildlife-refuge — Block Island National Wildlife Refuge covers north end (Sandy Point); Nature Conservancy preserves and Block Island Conservancy lands cover ~40% of island · +30d · +8% cost
Adjacency to refuge / preserve land triggers additional review for habitat impact, noise during construction, light spillover. (map) - historic-district — Old Harbor National Register Historic District; Block Island Southeast Light NHL · +21d · +8% cost
Section 106 review for federally-funded work; Town historic preservation overlay applies in Old Harbor commercial district. (map)
Technical envelope (climate & building code)
Climate & energy code
Building code
Amendments:
- Rhode Island State Building Code (SBC-1) - amendments to IRC 2018 — RI removes IRC R313 sprinkler mandate; modifies frost depth and energy provisions.
- ASCE 7-22 wind / coastal A / V zone provisions for Block Island parcels — 145 mph design wind speed; coastal A and V zone parcels require breakaway walls, elevated finished floors, pile or driven-pile foundations.
Contractor market (aggregate)
Legal history (timeline)
Current ordinance: Town of New Shoreham Zoning Ordinance Section 513 - Accessory Dwelling Units, adopted 2024-10-21, last amended 2024-10-21
- 1672-05-04 — Town of New Shoreham incorporated (other)
New Shoreham (the entire municipal jurisdiction of Block Island) incorporated by the General Assembly.
Effect: Established the unitary town/island governance that has shaped land use ever since. No subordinate village structure exists. - 2022-06-22 — Section 513 ADU amendment (Update 22-06) (city-ordinance)
Earlier amendment to the Section 513 ADU framework adopted by Town Council; preceded the 2024 statewide statute.
Effect: Set the deed-restriction framework that the 2024 amendment refined. - 2024-06-25 — RI H 7062 / S 2998 signed - statewide ADU mandate codified at RIGL Sec 45-24-73 (state-law)
Required every Rhode Island municipality to permit one ADU by right on owner-occupied 1-3 family residential lots, effective 2024-09-01.
Effect: Forced New Shoreham to update Section 513 to ensure compliance with the new state minimums while preserving its year-round-resident occupancy restriction. - 2024-10-21 — Section 513 ADU ordinance comprehensive amendment (adopted 'strikethrough 513') (city-ordinance)
Town of New Shoreham adopted the comprehensive 'strikethrough' amendment to Section 513 to align with H 7062 while maintaining year-round occupancy restriction and 2-year affidavit renewal requirement.
Effect: Current operative ADU framework on Block Island. Allows ADU by right in every district but conditioned on the deed-restricted occupancy regime.
Known issues (1)
- policy-friction (since 2024-10) — Section 513 affidavit renewal every 2 years places ongoing compliance burden on owner. Strong vacation-STR market on Block Island creates economic pressure that the deed restriction is designed to resist; enforcement capacity is limited. (source)
Rhode Island state — ADU law and programs
State ADU law
Rhode Island enacted statewide ADU preemption in 2024 through H 7062 (chief sponsor Rep. June Speakman and colleagues; co-sponsored in the Senate as S 2710), which amended the Zoning Enabling Act (Title 45, Chapter 24). Municipalities must permit ADUs by-right on any lot containing a single-family dwelling, subject only to uniform minimum standards set by the statute. One of the most ADU-friendly state statutes in the country as of 2025.
- R.I.G.L. § 45-24-73 — Design standards required for accessory dwelling units; Consistent statewide treatment of accessory dwelling units required — Core ADU standards added by H 7062 (2024). Requires municipalities to permit ADUs by-right. Caps 1-bedroom and studio ADUs at 900 sqft or 60% of the principal dwelling's floor area, whichever is less. Caps 2-bedroom ADUs at 1,200 sqft or 60%, whichever is less. Prohibits owner-occupancy requirements. Caps additional parking at 1 off-street space per bedroom. Prohibits ADU-specific impact fees. Voids HOA, condominium, and similar private-covenant restrictions that conflict with the statute as against public policy.
- H 7062 (2024 RI General Assembly) — An Act Relating to Housing — Accessory Dwelling Units — The enacting bill. Also cited by municipalities adopting conforming ordinances (Providence 2024 Chapter 3584, East Providence 2024 ADU Ordinance, South Kingstown 2024-07-12 regulations).
State HOA preemption
R.I.G.L. § 45-24-73 explicitly voids homeowners' association, condominium association, or similar private-covenant restrictions on ADUs when those restrictions conflict with the statute's ADU minimums. The preemption is framed as a public-policy void, meaning the offending covenant is unenforceable rather than simply regulated. Pre-existing ADU-friendly covenants remain valid (the statute only void conflicting restrictions). Applies to all common-interest communities governed by the Rhode Island Condominium Act (R.I.G.L. Title 34, Chapter 36) and Rhode Island Condominium Ownership Act (Title 34, Chapter 36.1), as well as HOAs in planned-community subdivisions.
- R.I.G.L. § 45-24-73 (HOA preemption clause added by H 7062 (2024)) — Provides that private covenant restrictions imposed by condominium associations, homeowners' associations, or similar residential property governing bodies that conflict with the ADU provisions are void as against public policy. Drafted broadly — covers declarations, bylaws, rules and regulations, and recorded covenants.
State financing programs
RIHousing, the state's housing finance agency, operates an ADU financing program built around the FHA 203(k) loan product. Covers attached and interior ADUs for both purchase and refinance. Detached ADUs are NOT eligible. Requires mandatory homebuyer education, use of an FHA-approved 203(k) consultant, and a RI licensed and insured contractor. No state-specific grant program for ADUs is in effect as of 2026-04-21; the federal 203(k) rails are the production vehicle.
State housing programs
Rhode Island does not currently operate a single statewide pre-approved-ADU-plan catalog (as California's CalHFA and Washington's Commerce plan libraries). Implementation of the 2024 ADU law is happening municipality-by-municipality, with the Executive Office of Housing (EOH) coordinating technical assistance. Providence published a citywide ADU Guide (February 2025) as the leading model; East Providence adopted a conforming ordinance in 2024; South Kingstown published regulations in 2024. RIHousing runs the ADU financing side (see stateFinancing).
Federal (United States) — ADU-relevant rules and programs
Federal ADU law
The United States has no federal statute that directly regulates accessory dwelling unit entitlement or design. Land-use authority over ADUs resides with states and local governments under the traditional police power. Federal engagement is limited to financing (Fannie/Freddie/FHA/VA/USDA), flood insurance (FEMA/NFIP), and discretionary housing programs (HUD), which are recorded in sibling sections of this file.
Federal financing programs
Federal housing-finance agencies and GSEs set nationwide underwriting rules that govern whether an ADU can be financed, appraised, and counted toward mortgage qualifying income. The relevant actors are Fannie Mae, Freddie Mac, FHA (HUD), VA, and USDA Rural Development.
Federal tax credits
There is no ADU-specific federal tax credit. ADUs may incidentally qualify for existing federal energy-efficiency and clean-energy tax credits when the ADU construction includes qualifying measures.
Federal housing programs
HUD administers several discretionary programs that can fund ADU-related activity at the grantee's election, but none is an ADU-specific program.
ZIP Code
- 02807
Post Office
- 32t Water St, 02807