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06.08.2026

Virginia has enacted new legislation that will limit a local government’s ability to impose minimum off-street parking requirements on certain residential and mixed-use developments located near transit facilities.  The new law, codified as Virginia Code § 15.2-2209.4, applies statewide beginning July 1, 2026.

Who is affected?

The law will impact developers with residential, multifamily, and mixed-use projects in localities across the Commonwealth.

It is expected to apply broadly to administrative and discretionary development approvals, including by-right site plans, rezonings, proffer amendments, and subdivision approvals.

Where must a project be located?

Projects must be located within a “designated area”.  This includes any parcel within one-half mile of the entrance to a qualifying mass transit or public transportation station or facility.

What does the law do?

HB888 will prohibit localities from adopting or enforcing zoning ordinance parking minimums within a “designated area” that conflict with the statewide requirements.

For qualifying projects, beginning July 1, 2026, localities generally cannot require, as a condition of zoning approval, minimum off-street parking in excess of:

  • One-half parking space per dwelling unit for multifamily and mixed-use residential development; and
  • One parking space per dwelling unit for one-family dwellings, two-family dwellings, and townhouses.

Certain localities with a population exceeding 600,000 (currently, Fairfax County) have the option to adopt an ordinance for minimum parking requirements exceeding the statewide minimums along certain bus routes.  These localities must also adopt an administrative process permitting a 25% parking reduction for certain affordable housing projects (70% AMI or below), projects with unique site characteristics that make parking infeasible, or projects with shared parking agreements that are within 1,000 feet of a bus stop. 

However, every locality with a population greater than 20,000 must create an administrative process allowing parking reductions of at least 20 percent for residential, multifamily, or mixed-use projects outside designated areas.

When does this law go into effect?

The new parking minimums go into effect on July 1, 2026.

What can the development community do?

Developers, property owners, and lenders evaluating residential or mixed-use projects near transit facilities should consider how HB888 will impact their parking minimums.  Early coordination with project consultants and local government staff will help to determine paths to address the new law during project design or ongoing entitlement activities.

Please contact us if you would like assistance evaluating how HB 888 may affect a pending or proposed development project.

Media Contact

Selena A. Browne
804.771.5637
sbrowne@hirschlerlaw.com

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