Definition
The Quimby Act (Government Code § 66477) authorizes cities and counties to require, as a condition of residential subdivision approval, that the subdivider dedicate land for parks and recreational facilities, pay an in-lieu fee, or do a combination of both. The Quimby Act is one of the primary legal mechanisms California local governments use to fund and expand their park systems as new residential development increases population.
How the Dedication Requirement Is Calculated
A city's Quimby Act requirement is based on:
- The number of dwelling units in the proposed subdivision
- The city's adopted parkland-per-capita standard (up to a maximum of 5 acres per 1,000 residents)
- The "park deficiency" — whether the existing park supply in the neighborhood already meets or exceeds the standard
If the existing park supply in the area served by the subdivision exceeds the city's standard, no dedication can be required for that surplus. Quimby Act exactions must be calibrated to the actual park needs created by the new development.
In-Lieu Fees
When a subdivision is too small for a usable park site, or when the city determines that an in-lieu fee is in the public interest, it may accept a fee instead of a land dedication. The fee must be based on the fair market value of the land that would otherwise have been dedicated. In-lieu fees must be spent exclusively on park acquisition, improvement, or debt service within five years of collection, or returned to the property owners.
Quimby vs. Mitigation Fee Act
Quimby Act park fees and Mitigation Fee Act impact fees are distinct legal mechanisms. Quimby only applies to residential subdivisions; impact fees can apply to all development types. Cities sometimes use both mechanisms — Quimby for subdivision parkland, and a separate park impact fee under the Mitigation Fee Act for non-subdivision development.
Quimby Act programs must be carefully calibrated to the city's parkland standard and actual park deficiencies to withstand legal challenge. Legislaide reviews park dedication ordinances and fee schedules for Quimby Act compliance.
Frequently Asked Questions
What is the Quimby Act?
The Quimby Act (Government Code § 66477) is a California statute authorizing cities and counties to require, as a condition of residential subdivision approval, that the subdivider dedicate land for parks and recreation or pay an in-lieu fee to fund park improvements.
How is the Quimby Act dedication requirement calculated?
The maximum dedication requirement is based on the number of dwelling units and the existing park acreage-per-resident ratio in the city. Cities may require up to five acres of parkland per 1,000 residents — but only up to the standard existing in the city at the time of subdivision approval. Existing park deficiencies cannot be charged to new subdivisions.
What is a Quimby Act in-lieu fee?
An in-lieu fee is a monetary payment the subdivider makes instead of dedicating actual parkland. Cities may accept in-lieu fees when the subdivision is too small to provide a usable park, when terrain is unsuitable, or when it is more practical to use the funds for other park improvements elsewhere. In-lieu fees must meet Mitigation Fee Act nexus requirements.
Does the Quimby Act apply to all residential development?
No — the Quimby Act applies only to residential subdivisions going through the Subdivision Map Act process. It does not apply to projects approved without a subdivision map, non-residential projects, or additions to existing homes. Non-subdivision housing projects may be subject to separate park fees under the general Mitigation Fee Act framework.
What exemptions apply under the Quimby Act?
100% affordable housing subdivisions may be eligible for reduced or waived Quimby Act requirements in many jurisdictions. Density bonus projects may also argue for proportional reductions in parkland dedication. The specific exemptions available depend on the local Quimby ordinance and state law requirements at the time of application.
Published June 15, 2026 by Legal Team at Legislaide.