November 3, 2025
By Stew Weiss
In the early morning hours of October 31, 2025, the Illinois General Assembly passed Senate Bill 2111 which established a new funding structure for public transit statewide and centralized transit planning across the Chicagoland region. The adoption of this bill was widely lauded as a win for public transportation, including by Governor Pritzker who is expected to sign it promptly.
However, a little-noticed provision in SB 2111 may have an outsized and long-lasting impact on municipal planning efforts throughout the state. Article 5 of the bill creates a new Illinois law, titled the “People Over Parking Act,” which prohibits the imposition of minimum parking requirements for new developments located near transit stations and high-frequency bus routes. Advocates for the Act hope it will encourage the development of higher density housing around transit-served locations.
Specifically, the Act forbids the imposition or enforcement of “any minimum automobile parking requirement” for development projects located within one-half mile of a “public transportation hub” or one-eighth of a mile from a “public transportation corridor.” The Act includes an explicit preemption of home rule authority and thus equally restricts home rule and non-home rule communities.
The Act broadly defines a “development project” as “a project undertaken for the purpose of development of land” and includes all new construction or reconstruction of commercial and residential buildings. The Act excludes hotels and other transient housing projects from its minimum parking prohibitions.
While transit-oriented developments are often associated with high-rise buildings located next to L-stations or large transit centers in the City of Chicago, the reach of this Act goes much farther to impact both large and small suburban communities. The Act defines “public transportation hub” as “(i) a rail transit station, (ii) a boat or ferry terminal served by either a bus stop or rail transit station, or (iii) an intersection of 2 or more bus routes with a combined frequency of bus service interval of 15 minutes or less during the morning and afternoon peak commute periods.” This definition encompasses not only a half mile radius around all Metra stations, but also Amtrak stations, and many areas served by express Pace buses. Many suburban communities will find that the majority of their downtowns and central business districts will no longer be subject to local minimum parking requirements. The addition of “public transportation corridors” which include all streets served by “one or more bus routes that have a combined frequency of bus service interval of 15 minutes or less during the morning and afternoon peak commute periods” also brings long corridors connecting suburbs under the jurisdiction of the Act.
So, what does this mean in practice? If signed by the Governor, the Act takes effect immediately. Thereafter, any zoning code provision requiring new residential and commercial developments (other than hotels and other transient housing projects) to provide a specific minimum amount of off-street parking spaces will no longer be enforceable. Private developers will be free to provide as little off-street parking as they wish regardless of the potential traffic their projects may generate or the number of dwelling units included. Local governments may, if they choose, continue to impose maximum parking limits. And the Act specifically affirms local government’s authority to regulate on-street parking, which includes time limits and permit requirements.
While the People Over Parking Act does not eliminate minimum parking requirements for existing buildings with “approved site plans” or invalidate existing development agreements or covenants, it does apply to any amendments or extensions of existing agreements or covenants. While the goal of the Act may be to encourage dense residential development close to transit service, some communities may choose to proactively downzone their downtown areas to protect against new projects constructed without sufficient on-site parking. The Act does not restrict this type of local zoning decision. Alternately, some communities may impose stricter regulations on on-street parking to prevent overflow parking and incentivize developers to include sufficient off-street parking in their development plans.
Cities and Villages should immediately review their transit maps and zoning ordinances to determine which portions of their communities are affected by these changes and which existing parking regulations may no longer be enforceable.
For additional guidance on the Act and its local implications, please contact Stew Weiss or any other Elrod Friedman attorney.