Considerations for Municipalities When Zoning EV Charging Centers

When the Trump Administration made a U-turn on federal tax incentives for purchasing electric vehicles (“EVs”), ending the Clean Vehicle Credit last September, consumers rushed to buy EVs while the credit was still available. That drove U.S. EV sales in 2025 to their second-highest mark ever, just behind 2024.

With approximately seven million EVs on the road today, and the U.S. Energy Information Administration projecting that number to increase to between 15 million and 18 million by the end of this year, there will be increased demand for available chargers that EV owners can use while they’re out and about. This presents an opportunity for a new kind of development: EV-focused charging centers that offer a mix of services for EV owners to engage in while their vehicles charge.

These EV charging centers are already rising across the U.S., including New York State, thanks to companies like Ionna (which has branded each location as a “Rechargery”) and Rove, among others. 7-Eleven has an EV charging concept—7Charge—that it is rolling out nationwide as well. In New York, one of EV-maker Rivian’s newest “charging outposts” in its network is located in Southampton.

EV charging centers pose a zoning challenge to the municipalities where developers would like to build them because this type of land use does not fit neatly within the existing zoning regulations, and there is little precedent for the use. In some ways, they resemble traditional gasoline filling stations that have served vehicles with internal combustion engines (“ICEs”) for generations, but without gas islands and pumps that are designed for drive-through traffic and a quick fill-up. Instead, EV charging centers are designed more like parking lots, where EV owners can park their vehicles for whatever time it takes to charge them, and have a variety of amenities that drivers can avail themselves of while their vehicles charge. Since EV charging centers, including both the primary EV charging component and the various ancillary uses, have the potential for adverse impacts depending on where they are located and how they are designed, they lend themselves to regulation as a conditional or special permit use.

Federal and state policy decisions require municipalities to consider developing a new use

The challenge with EV charging centers is that “fueling up” is a different experience for EVs compared to cars with ICEs. Instead of a five-minute stop at a gas pump, an EV must remain parked at an EV charger for, commonly, 30 to 60 minutes. This waiting time, also known as EV charging “dwell time,” has important implications for how EV charging centers should be designed and regulated—and why those designs and regulations would differ from those regarding traditional gasoline fueling stations.

When EV technology first emerged, and adoption rates were low, municipalities were slow to update their zoning codes to address EV charging stations. Many local governments have now amended their codes to encourage or even require EV chargers in parking lots or similar locations. The new regulations, however, generally assume that EV chargers will remain secondary to an existing use, such as a shopping center, office building, apartment complex, or convenience store.

A zoning challenge arises when EV charging itself becomes the primary reason people visit a property. In that scenario, chargers are no longer a mere accessory; they are the primary draw. Regulations governing gasoline fueling stations, for example, are designed for the risks attendant to liquid fuel. Those regulations are inadequate to cover EV charging-first facilities, which can raise new concerns.

Thanks to policy decisions at the federal and state levels, this zoning challenge is unlikely to dissipate anytime soon. Although the federal tax credit program ended last year (which undoubtedly contributed to the growth of EV adoption in the U.S. and New York State), the National Electric Vehicle Infrastructure Program (“NEVI”), created by the Infrastructure Investment and Jobs Act of 2021, provides funding to states to build EV charging stations along designated Alternative Fuel Corridors. The New York State Department of Transportation is expected to receive approximately $175 million through NEVI over five years. The first NEVI-funded chargers in the state opened in Kingston in December 2023.

Policy decisions made in Albany suggest that New York will continue to endorse and incentivize EV ownership regardless of what happens at the federal level. For example, in September 2022, Governor Hochul directed the New York State Department of Environmental Conservation to require that all new passenger cars, pickup trucks, and SUVs sold in the state be zero-emission by 2035. Additionally, the New York State Energy Research and Development Authority is offering its “Drive Clean Rebate,” which allows EV buyers to save up to $2,000 on the purchase or lease of an eligible vehicle, while also offering EV-charging equipment grants to operators, making the financial case for building EV charging centers even stronger.

While federal and state programs may provide the funding to build EV charging stations, municipalities control what these facilities look like through their zoning and regulatory authority. With the growth of EVs on the road, substantial funding available to develop charging corridors, and developers sensing an unmet need, EV-charging destinations are coming—whether municipalities are ready or not.

Municipalities that embrace this emerging form of development may further cement their reputations as essential stops along regional travel routes or become one for the first time. For that reason, municipalities may wish to proactively consider how EV charging centers should be zoned, where they should be located, and what amenities and design standards they should include.

To do so, municipalities can create a distinct land-use category for EV charging centers where charging is the principal use, and other amenities, such as retail stores, restaurants, and workspace, become the accessory uses. This could take the form of a special permit use that requires additional zoning review and site-specific conditions.

Creating a new land-use category enables municipalities to proactively address the operational and design considerations associated with EV charging centers. Without such updates, approvals may be forced into ill-fitting existing categories or be driven largely by applicants’ interpretations of ambiguous zoning provisions.

Municipalities that choose to modernize their zoning frameworks for EV charging centers should keep three considerations in mind when crafting regulations.

Consideration #1: Zoning criteria

First, if municipalities require a special permit for EV charging centers, they may want to consider setting thresholds for chargers and their accompanying parking spaces. Two chargers and a corner store don’t make a “charging center.” Municipalities may wish to require a minimum number of chargers and a specific level of charging (i.e., Level 3 EV charging or DC Fast Charging) to minimize vehicle charge time and reduce the amount of time a driver will remain on a site.

Similarly, zoning criteria might require certain amenities, such as a restaurant or a prepared-food service area occupying a minimum percentage of the facility’s gross floor area (“GFA”). Additional criteria could include lounges with a minimum number of seats or GFA allocation.

Restroom facilities and the corresponding criteria could be designed to accommodate the longer dwell times associated with EV charging. Single-stall restrooms, like those at many gasoline fueling stations, will not suffice. Instead, adequate restrooms might be expressed as a GFA percentage to ensure there are enough stalls and sinks to support travelers staying at the facility for longer periods.

These amenities, as expressed in zoning criteria, help ensure that an EV charging center functions more like a traditional travel center than a restaurant or convenience store with a handful of chargers in the parking lot. Municipalities risk stifling creativity by prescribing a single model, such as a convenience store model, whose criteria would discourage novel uses, such as a game room or entertainment area for kids. By building in flexibility by addressing amenity criteria in functional terms (e.g., “a dedicated waiting area of not less than x% GFA”) rather than use-specific terms (e.g., “a convenience store”), municipalities invite developers to design charging centers that address the needs of the travelling public and integrate with the local community.

In this vein, zoning criteria should account for the possibility that EV charging centers may evolve in ways that differ significantly from traditional ICE-focused travel centers and rest stops. For instance, Rivian converted an abandoned gas station in a historic California gold rush town outside of Yosemite National Park into a charging outpost. While the chargers are the primary draw for travelers heading to the outpost, visitors can read books from the onsite library or relax in furniture made from upcycled outdoor gear. Rivian’s Southampton outpost features an outdoor play area and a reading nook showcasing local art.

When designing regulations, municipalities will have to balance requiring certain amenities with allowing flexibility for different conceptual designs that achieve the same functional goal: providing drivers and their passengers with a safe, comfortable place to spend time while their EVs charge.

Consideration #2: Location and siting criteria

Because they primarily serve long-distance travelers, municipalities may want to consider requiring EV charging centers to be sited along major travel corridors or arterial roadways, or within specific zoning districts. Indeed, applicants who plan to use NEVI funding will need to site EV chargers along the federally-designated Alternative Fuel Corridors.

The reasons for this approach are twofold. First, EV charging centers will more commonly serve travelers than they will local residents. Second, placing these facilities along major thoroughfares helps manage the traffic they generate.

Municipalities may also want to incorporate the availability of electric infrastructure into siting criteria. Given the copious amounts of electricity EV charging centers require to charge vehicles, municipalities can avoid causing or exacerbating infrastructure headaches by requiring charging centers to be located near electrical utility substations.

Consideration #3: Development standards tailored to “charging-first” uses

Finally, when creating a new use for EV charging centers, municipalities’ design standards for the use should recognize the operational differences between EV charging centers and ICE-focused travel centers and rest stops. Motorists will likely need to stay on site for at least 30 to 60 minutes to obtain a sufficient charge, and perhaps longer if they want to reach a full charge. That means they and their vehicle will be on-site much longer than they would be at a traditional ICE-focused fueling facility or rest stop.

These longer dwell times give municipalities the opportunity to encourage thoughtful site design. High-quality architecture, landscaping, comfortable seating areas, and well-lit pedestrian paths can make these locations more attractive roadside destinations.

Charging centers will also require various types of above-ground electrical infrastructure, including charging terminals, transformers, utility cabinets, and switchgear panels.  Municipalities may want to adopt design standards that address screening methods for this equipment, such as landscaping or other visual barriers.

Some municipalities may also have concerns about loitering at facilities designed as rest stops for transient travelers. One way to address this concern is to ensure EV charging centers include active uses, such as a 24/7 restaurant or convenience market, to generate regular foot traffic and activity.

Proactive planning for seamless integration

EV charging centers are likely to become a common fixture along heavily trafficked regional routes as more drivers opt for EVs. New York municipalities, especially those along designated Alternative Fuel Corridors, would benefit from proactively updating their zoning ordinances to address this new type of facility.

By establishing clear zoning categories, siting criteria, and development standards, municipalities can lay the groundwork for a predictable, streamlined development process that results in EV charging centers that meet the needs of a growing number of EV drivers, support regional travel needs, and are seamlessly integrated into their communities.

Anthony S. Guardino is a partner with Farrell Fritz, P.C., practicing in the areas of land use, zoning and environmental law. He can be reached at aguardino@farrellfritz.com.