People Over Parking Act of 2025
The People Over Parking Act of 2025 would dramatically limit the ability of states and local governments to require parking spaces for certain new developments. For newly constructed, substantially reconstructed, or rehabilitated residential, retail, commercial, or industrial structures located within 0.5 miles of a covered public transit point (or projects locally authorized for such work), the bill gives the property owner sole discretion to determine how many automobile parking spots to provide. It preempts conflicting state or local parking requirements to the extent of the inconsistency, but only as to requirements that conflict with this federal standard. The act defines what counts as a covered public transit point and relies on federal definitions of fixed guideway and public transportation (per 49 U.S.C. 5302). In short, the bill shifts parking decisions away from local mandates toward market and transit-access considerations, with the goal of encouraging transit-oriented development and reducing unnecessary parking requirements near transit hubs.
Key Points
- 1Preemption of local and state parking mandates near transit: The bill overrides conflicting parking requirements for new developments within 0.5 miles of a covered public transit point, to the extent of the inconsistency.
- 2Owner discretion on parking: Property owners of eligible new or substantially renovated structures would have sole authority to decide how many automobile parking spots to provide.
- 3Applicable projects and location: The rule applies to newly constructed, substantially reconstructed, or rehabilitated residential, retail, commercial, or industrial structures located within 0.5 miles of a covered public transit point or those authorized by local government to undertake such work.
- 4Definition of covered transit points: A covered public transit point is a passenger access point to a fixed guideway, with specific caveats for ferry systems and certain bus systems (e.g., bus points that connect multiple routes with high-frequency service).
- 5Relationship to state law: State or local laws inconsistent with this provision are preempted only to the extent of inconsistency; otherwise, state law remains in effect.