Regulatory Planning and Zoning by Ed Gilliland

Ed Gilliland, AICP, Senior Director at Interstate Renewable Energy Council
gave this presentation at the Charging Smart workshop on October 14, 2025.

1. 1 Forth Roadmap Conference Charging Smart Workshop Ed Gilliland, AICP Senior Director Interstate Renewable Energy Council October 14, 2025

2. Interstate Renewable Energy Council 2 IREC builds the foundation for rapid adoption of clean energy and energy efficiency to benefit people, the economy, and our planet.

3. 3 IREC advances energy solutions through three complementary pathways. Workforce Development IREC leads efforts to grow a diverse and qualified clean energy workforce by implementing strategies that unite stakeholders to improve recruitment, education, training, and job placement outcomes. Local Initiatives IREC helps cities, counties, and towns use policy tools and resources to drive the growth of clean energy, address climate change, and create new jobs. Regulatory Engagement IREC is a national leader in regulatory policies that advance the growth of distributed energy resources, such as rooftop solar and energy storage.

4. Local Regulatory Approval for EV Charging The Challenge Process can be slow and expensive  Up to 6 months (or more) for permits New topic for many local officials 23,000 AHJs in the US—each is different

5. 5 Regulatory Approval Framework Regulatory requirements - documents Plans, zoning ordinances, development regulations Building codes for permitting & inspection          The approval process         5

6. Regulatory Requirements   Planning documents   Zoning and use designation   Parking requirements    Parking count and mandates     Charger accessibility   EV charger readiness   Design, aesthetics, and equipment location   On-street charging Approval Process   Application process   Application review 6 Planning and Zoning Review 6

7. Regulatory Requirements   Planning documents   Zoning and use designation   Parking requirements    Parking count and mandates     Charger accessibility   EV charger readiness   Design, aesthetics, and equipment location   On-street charging Approval Process   Application process   Application review 7 Challenges and Recommendations Overview 7

8. Zoning Focus Address in code Accessory use Discretionary reviews Primary use 8 Zoning and Use Designation Planning Zoning Parking Design Solar + Storage

9. Accessory Use Relatively low impact on a property or surrounding properties Lower level of regulatory review Is accessory use EV charging by right in all zones? Review administratively, avoid discretionary reviews 9 Zoning and Use Designation Planning Zoning Parking Design Solar + Storage

10. Conditional Use Required for development that is permitted subject to compliance with conditions or requirements in the zoning code Churches in a residential area Gasoline stations Public hearings and zoning commission and/or city council approval Often very time consuming, delaying projects for months Avoid for EV charging 10 Will the Applicant be Subject to Discretionary Reviews? Planning Zoning Parking Design Solar + Storage

11. Site Plan Review Required for development to ensure consistent with comp plan, is safe, and in harmony with existing surroundings and the environment Commercial, industrial, multifamily, mixed-use, institutional uses Public hearings and zoning commission and/or city council reviews and approval Often very time consuming, taking months or years Avoid for EV charging Sometimes there is a minor site plan review process that can be approved administratively 11 Will the Applicant be Subject to Discretionary Reviews? Planning Zoning Parking Design Solar + Storage

12. Primary Use When clearly a primary use Is EV charging allowed as an approved use in commercial zones?​ Is it defined as own use, not a traditional fueling station​? Avoid discretionary reviews 12 Will the Application be Considered a Primary Use? Planning Zoning Parking Design Solar + Storage

13. Summary Address EV charging in the zoning code Allow accessory use EV charging by right in all zones Avoid discretionary reviews, approve administratively Conditional use Site plan review Define primary use EV charging as its own use Update zoning codes 13 Zoning and Use Designation Planning Zoning Parking Design Solar + Storage

14. Regulatory Requirements   Planning documents   Zoning and use designation   Parking requirements    Parking count and mandates     Charger accessibility   EV charger readiness   Design, aesthetics, and equipment location   On-street charging Approval Process   Application process   Application review 14 Challenges and Recommendations Overview 14

15. Minimum Parking Requirements Many localities set minimum parking requirements based on land use A shopping center may require 4 spaces per 1000 GSF Trend is to reduce those requirements to encourage more travel by transit, bike, etc. Converting existing spaces to dedicated EV charging spaces may be viewed as a violation of the minimum parking requirements 15 Parking Planning Zoning Parking Design Solar + Storage Counts Accessibility Readiness

16. What is Allowed? Existing spaces converted to EV charging spaces to count toward minimum parking mandates Accessible charging spaces to count as two parking spaces for determining minimum parking requirements Parking space reductions for charging related equipment count toward minimum parking mandates 16 Parking Counts Planning Zoning Parking Design Solar + Storage Counts Accessibility Readiness

17. Regulation Requirements 17 R1.6 : Identify zoning restrictions that prohibit EV charging infrastructure deployment and compile in a memo. R3.1 : Adopt a standard EVSE permit application process and post to a public website. R3.4 : Develop EVSE permitting checklists and post them online. R1.1 : Permit EV chargers as an accessory use to parking lots in all zoning districts, by right. R2.9 : Allow all EV charging parking stalls to count toward minimum parking requirements when applicable. R1.5 : Establish standard approval timelines for EVSE and consolidate all review comments for applicant feedback. R2.1 : Adopt an EV-ready ordinance or plan for new construction, OR R1.2 Define primary use standards as its own use and enable such uses in all commercial and industrial zones.