Zoning for Electric Vehicles

In an article for the New York Law Review, Anthony S. Guardino outlines the zoning and regulatory challenges faced by municipalities hoping to shift to electrified vehicle infrastructure.

“In order to facilitate and encourage more EV charging stations, municipalities need to update their zoning ordinances to regulate and manage this new land use. Zoning code amendments should provide developers and property owners with clear guidance on the manner in which applications for charging stations will be processed and the timing of approvals, so that the process is more predictable.”

The article suggests that cities can include EV charging requirements in building codes, pass ordinances that facilitate charging facilities in neighborhoods, and streamline approval processes for EV charging stations. “Some New York municipalities have updated their zoning ordinances to address the above questions by designating EV charging stations to be permitted principal uses in commercial and industrial districts, or by allowing EV charging to be located in all zoning districts as permitted accessory uses.”

The article concludes that, as EV adoption grows, cities should proactively update their zoning codes to account for electric vehicle infrastructure.