Senate Bill 817 raises LUBA appeal and intervention fees to boost state revenues

The House Committee on Agriculture, Land Use, Natural Resources, and Water convened on April 23, 2025, to discuss Senate Bill 817, which proposes increases to the Land Use Board of Appeals (LUBA) fees. Co-chairs Helm and Owens led the meeting, welcoming members and introducing H. M. Zamudio, the current board chair of LUBA, along with staff attorney Alex Peterson.

Zamudio explained that LUBA, established in 1979, serves as an appellate body reviewing local government land use decisions. He noted that the complexity of land use appeals has grown over time, leading to increased operational costs. LUBA operates on a budget of approximately $3 million, with revenues from appeal fees estimated at only $97,000 for the 2023-2025 biennium, indicating a significant shortfall in funding.

Senate Bill 817 aims to address this financial gap by increasing the appeal filing fee from $300 to $350 and the intervention fee from $100 to $200. The last adjustment to these fees occurred in 2021 and 2009, respectively. The proposed changes are expected to generate an additional $20,650 in revenue for the general fund by the 2025-2027 biennium. Zamudio emphasized that the fee increases are modest and unlikely to deter participation in appeals, as they remain low compared to other local government fees.

The bill also proposes to remove the requirement for LUBA to award the filing fee to local governments when a party fails to file an opening brief. Zamudio confirmed that there are approximately 230 appeals per biennium, with about 80% involving interveners, typically the applicants supporting the local government's decisions.

The committee members engaged in a brief discussion, with Co-chair Owens inquiring about the number of appeals and interveners, which Zamudio clarified. The meeting concluded without further questions, and the committee will continue to review the implications of Senate Bill 817 as it moves forward.