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Task Force Debates Caps, Individualized Determinations for Mitigation and Exaction Fees
Summary
The task force considered draft 25LSO0134, which would limit mitigation/exaction fees for residential and commercial development, set notice and individualized-determination processes, and create a 2% cap (as drafted) on certain fees; counties, planners and legal experts urged narrowing the bill, reliance on nexus studies, and clarity on who pays
The Regulatory Reduction Task Force examined a working draft (25LSO0134) that would limit when local land-use authorities could impose mitigation or exaction fees on residential and commercial development and set a process for notice, individualized determinations and appeals.
David Hopkinson of the Legislative Service Office walked members through the draft. Key elements included definitions of residential and commercial development, a requirement that mitigation or exaction fees be “specifically and uniquely attributable” to the cost of mitigating an identified adverse impact, a 2% cap on allowable fees for certain…
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