The Readiness of North American Jurisdictions for Electric

Vehicle Infrastructure Regulations

January 25, 2019 updated from original paper dated 12/15/17
Jim Hindson, Victoria BC jhindson@telus.net

The absence of electric vehicle (EV) infrastructure is a barrier to the more widespread adoption of electric
vehicles. EV charging capability is particularly needed for residential land uses to facilitate overnight charging.
Convenient EV chargers are also needed in commercial, institutional and industrial locations to extend the
range of daily EV operation. Inter-city charging (fast charging) is vital to inter-city transportation but has
different implementation strategies and is outside the scope of this discussion.

Retrofitting EV charging capability is considerably costlier than the installation of EV infrastructure at the time
of construction. Although there have been some jurisdictions that have attempted to address this issue with
changes to their building codes, building codes are intended for the structural integrity and health and safety
of building occupants and are less than ideal for the regulation of auxiliary services such as EV charging. It
does not make sense to require EV charging at a building used for a fast food business, but it may make
sense if the same building was used as office space. Similarly, defining EV charging requirements for a
shopping centre based on the sum of the requirements for each separate building would likely result in the
installation of too many chargers and oversizing of the grid-related electrical architecture. Another issue is that
properties without buildings (parking lots) are not subject to regulation under the building code. For these and
other reasons, zoning bylaws are the preferred method of implementing EV infrastructure regulations1 .

To determine the readiness of North American jurisdictions to require EV infrastructure through zoning,
research on the existing legislative framework for all ten of the current ZEV2 States and all ten Canadian
provinces was performed. The tables below outline the legislative authority for the passing of local zoning
bylaws in the ten ZEV States (Table 1) and in the ten Canadian Provinces (Table 2). For each State and
Province, the local zoning ordinances for at least one City in each State and Province was also reviewed to
determine if the legislative framework for adding EV infrastructure requirements at the local level was in place.
Example cities or jurisdiction for each state and province are included in the right-hand column titled “Ex” with
the names and the specific legislative framework for each sample city included in the footnotes.

Based on the results in Table 1, it appears that nine of the ten ZEV States have empowered their municipal
jurisdictions with the authority to regulate EV charging requirements under local municipal zoning ordinances,
codes or bylaws. The exception is the State of Vermont where a legislative amendment would appear
necessary given the highly-specific language of the zoning powers granted to Vermont municipalities. At the
municipal (city) level, it was found that all local jurisdictions in all U.S. States already have the legislative
framework to incorporate EV charging requirements in their zoning ordinances for off street parking
requirements by land use.

Based on the results in Table 2, it appears that eleven of the thirteen Canadian Provinces and Territories have
the legislative structure in place that could be used to empower their municipal jurisdictions with the authority
to regulate EV charging requirements under local municipal zoning bylaws. An exception is the Province of
Ontario that has specifically prohibited this path by including EV infrastructure requirements in the Ontario
Building Code. A possible additional exception is the province of Quebec. At the municipal (city) level, for
Canadian Provinces and Territories, it was found that all local jurisdictions have the legislative framework in
place to incorporate EV charging requirements in their zoning bylaws.

In summary, nine of the ten ZEV states and eleven of the thirteen Canadian provinces and all Territories are
“EV Ready” in terms of the ability to empower local municipalities to regulate EV infrastructure in new
construction. The exceptions are Vermont, and Quebec where they may lack the enabling legislative authority
at the State or Provincial level.

1
“A Comparison of the use of Building and Zoning Codes to Regulate Electric Vehicle Infrastructure”
https://www.scribd.com/document/367955704/A-Comparison-of-the-Use-of-Building-Zoning-Codes-to-Regulate-EV-Infrast-
2017-Update
2
A ZEV jurisdiction is one which has passed or pledged to pass legislation requiring that a percentage of vehicle sales be zero emission
vehicles.
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Table 1 Land Use (Zoning) legislation for American ZEV States

State Legislation EV Ready3 Ex

California Government Code Title 7 Division 1 Chapter 4 4
California Yes
Zoning Regulations, Article 2 Adoption of Regulations
5
Connecticut Title 8, Chapter 124 Section 8 Zoning Yes
Title 30-A, Part 2 Subpart 6-A Chapter 187 Subchapter 3 Yes 6
Maine
Section 4352 Zoning Ordinances
2015 Maryland Code Land Use Division 1, Title 4 (Zoning),
7
Maryland Subtitle 1 Section 4-102 General Powers (3) Off Street Yes
Parking
Administration of the Government Part 1 Title VII Chapter 8
Massachusetts Yes
40A Section 6
9
New Jersey New Jersey Municipal Land Use Law Section 40:55D-65 d. Yes
New York Village Law 7-700 Town Law 264 and General
New York Yes 10 11
City Law 20(24)
Oregon Planning Goals OAR 660-015-0000 (2) Land Use 13
Oregon Yes
Planning 12
Rhode Island Zoning Enabling Act: Section 45-24-33 (vi) 14
Rhode Island Yes
Parking areas
Vermont Municipal and Regional Development and
Vermont Planning Act Title 24 VSA Chapter 117 Section 4414 No 15 16

Zoning Bylaws (4) Parking and Loading Facilities.

Ex – Example city in the State with zoning regulations regarding off-street parking

3
“Yes” means that the language appears to be broad enough to allow the municipality to add electric vehicle charging
infrastructure as part of the local zoning ordinances or code.
“No” means that there may be an amendment needed to add language about a municipalities’ authority to require
electric vehicle charging stations in their zoning ordinances or code.
4
Sacremento: Title 17 Planning and Development Code Division IV Chapter 17.608.030 Parking Requirement by land use type and
parking district
5
Hartford: Zoning Regulations Section 7.2 Parking Requirements (table)
6
Portland: Land Use (Zoning) Code of Ordinances Chapter 14 Section 14-332 Uses requiring off-street parking (text)
7
Baltimore County: Section 100 Article 4 Subsection 409.6 – Required number of Parking spaces (by land use)
8
Worcester City: Massachusetts. Article IV Section 7 Off-Street Parking and Loading
9
Newark: New Jersey, Zoning and Land Use Regulations, Chapter 7 Off Street Parking Table 7-1 Parking Requirements
10
State approval appears to be required for all changes to local zoning ordinances. Although disapproval may be rare, the high degree of
oversight by NY State could mean that zoning changes could be rejected at the state level.
11
Buffalo City NY: Article XIX Off Street Parking & Loading Section 511-96 Space Requirements
12
Oregon State law requires that each city and county adopt a comprehensive plan and the zoning and land-division
ordinances needed to put the plan into effect.
13
Portland: Title 33 Chapter 266, Table 266-1 Minimum Required and Maximum Allowed Parking Spaces (table)
14
Providence: Rhode Island Zoning Ordinance Chapter 2014-39 No. 513 Article 14 1401 Computation of Requirements, Table 14-1
15
The Vermont Planning Act is fairly specific about the details of the parking spaces that may be included in local zoning ordinances
with respect to “size, design, access, landscaping and screening”. A provision may be needed to specify “electric charging facilities” to
facilitate EV charging requirements at the municipal level.
16
Burlington: Vermont Article 8: Section 8.1.8 Minimum Off-Street Parking Requirements, Parking Table 8.1.8-1
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Table 2 Land Use (Zoning) Legislation in Canadian Provinces and Territories

Province/Territory Legislation EV Ready 17 Ex

The Municipal Government Act RSA 2000 Chapter M 26 18
Alberta Yes
Section 640 (4) (f)
Local Government Act [RSBC 2015] Chapter 1 525 (1) (a)
British Columbia Yes 19 20,21
& (b)
The Planning Act C.C.S.M C. Chapter P80 Part 5 Section 22
Manitoba Yes
71 (3) (m)
Community Planning Act Chapter RSNB Chapter 12 23
New Brunswick Yes
Section 34 (3) (a) (iv)
24
Newfoundland Urban and Rural Planning Act, 2000 Chapter U-8 Yes
Municipal Government Act Chapter 18 Section 220 25
Nova Scotia Yes
Subsection (4) (h)
The Ontario Planning Act, Chapter 13 Part V – Land Use
Ontario Controls and Related Administration. Section 34 (1) 6 – No26 27

Loading or Parking Facilities

28
Prince Edward Island The Planning Act (Chapter P-8) Subsection 8 (1) (m) Yes
The Quebec Land Use and Planning Act, Chapter A-19.1.
Quebec ? 29 30
Chapter IV Division 1, Section 113 (10).
The Planning and Development Act, 2007. Part V Division 31
Saskatchewan Yes
1 Section 45
Community Planning & Development Act SNWT 2011 Part 32
Northwest Territory Yes
2 Section 18 (2)
The Planning Act RSNWT Section 38-48 Part 1 Zoning 33
Nunavut Yes
Bylaws
34
Yukon The Municipal Act, Section 289 Yes

Ex – Example city in the Province or Territory with zoning regulations regarding off-street parking

Reference: “A Comparison of the use of Building and Zoning Codes to Regulate Electric Vehicle
Infrastructure”

17
“Yes” means that the language appears to be broad enough to allow the municipality to add electric vehicle charging infrastructure as
part of the local zoning bylaw or ordinance
“No” means that there may be an amendment needed to add language about a municipalities’ authority to require electric vehicle
charging stations in their zoning bylaws
18
City of Calgary Land Use Bylaw 1P2007 Part 4 Division 2 – Defined Uses specifies parking stall requirements
19
BC Local Government Act grants municipal powers for regulating off-street parking spaces
20
City of Vancouver Parking Bylaw 6059 Section 4.2 (table)
21
City of Victoria Zoning Regulation Bylaw No. 80-159 Schedule C Off Street Parking (table)
22
Winnipeg: Bylaw No. 200/06 section 161 Table 5-9
23
St John, New Brunswick: Bylaw C.P. 111 Section 4.2 General Parking Provisions
24
St John’s Newfoundland: Development Regulations 1994 Section 9 Subsection 1 Off Street Parking Requirements
25
Cape Breton Regional Municipality Land Use Bylaw Section 30 – Parking Requirements
26
In 2017 Ontario passed legislation including EV infrastructure requirements within the Ontario Building code and prohibiting the use of
all other legislation including the zoning bylaw option which is available under the Ontario Planning Act
27
Hamilton Zoning Bylaw Section 5 Subsection 6
28
Charlottetown Zoning and Development Bylaw Section 4.43 Parking Space Standards by land use Subsection 11 (table)
29
EV Infrastructure in Quebec is currently regulated for residential structures using the Building Code
The Section 112 Subsection (10) of the Quebec Act is fairly specific about municipal powers for regulating off-street parking spaces
(e.g. specific references to handicapped spaces). An amendment may be needed for regulating EV infrastructure.
30
Montreal Zoning Bylaw CA 29 0400 Section 210
31
Regina Saskatchewan Zoning Bylaw 9250 Chapter 14 Part 14B Subsection 5 Number of Minimum Parking Spaces
tables 14.4 through 14.7 inclusive
32
City of Yellowknife Zoning Bylaw 4404 Part 9
33
City of Iqaluit. Zoning Bylaw 2010 #704 Section 6
34
City of Whitehorse, Zoning Bylaw 2012-20 Section 7.3
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