Task force amends property-development exactions bill to limit fees, add appeals process

Cheyenne — The Regulatory Reduction Task Force on Wednesday amended draft legislation addressing property development exactions, narrowing the bill’s scope and adding procedural protections for developers and permit applicants.

The draft under review, 25 LSO 0134, as presented by David Hopkinson of the Legislative Service Office, would restrict land-use permitting authorities from requiring impact or mitigation fees for residential development unless the fee is “specifically and uniquely attributable to the cost of mitigating an identified adverse impact.” Hopkinson told members the working group raised that higher standard after reviewing case law and stakeholder input.

The measure would: exempt single‑family residences of 2,500 square feet or less and multifamily units of 1,250 square feet or less from exaction charges; permit a statutory cap on fees calculated as a percentage of total construction, renovation or addition cost (the committee later set that placeholder percentage at 2 percent for the draft under consideration); and create an administrative appeal process and the right to seek judicial review.

Why it matters: jurisdictions across Wyoming use mitigation fees, but the bill’s backers and critics told the task force that inconsistent methods and unclear definitions create legal risk and local contention. The draft tries to reconcile constitutional limits described by courts with local governments’ desire to fund infrastructure and housing mitigation.

Key provisions and procedure

Hopkinson summarized the bill’s core tests…