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Commissioners transmit draft Capital Improvements Element for regional review, advancing possible impact-fee program
Summary
After a public hearing with mixed comments, the board authorized transmittal of a draft Capital Improvements Element (CIE) to the Atlanta Regional Commission and Department of Community Affairs, a required step before considering development impact fees.
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The Clayton County Board of Commissioners voted to transmit a draft Capital Improvements Element to the Atlanta Regional Commission and the Georgia Department of Community Affairs for regional and state review, a preliminary step in considering a county development-impact fee program.
The board held a required public hearing on the CIE, which lists capital projects (parks, libraries, public safety facilities) and estimates the portions of project costs that can legally be attributed to new growth under state rules. After the hearing, the board approved Resolution 2025-43 to transmit the draft for regional and state review.
Paige Hatley, a consultant presenting the draft, explained the function of the CIE: it identifies facility needs, estimates project costs and the portion assignable to new development, and creates a five-year community work program of near-term projects. "The purpose of tonight specifically is to receive any public input on the draft capital improvements element or CIE, which is required by the Georgia Department of Community Affairs to collect impact fees," Hatley said.
Supporters told the board impact fees could generate funds without raising the countys property-tax millage rate. Jean Pierre Bourget, newly appointed to the Development Authority, said the approach could reduce pressure on homeowners: "This is an effective way to not increase taxes," he said. Longtime public commenter Henry Anderson said he supported impact fees, noting he had urged action for decades: "I am definitely in favor of impact fees for Clayton County," Anderson told the board.
Opponents did not organize a formal mass opposition at the hearing; the board heard questions about timing, membership of an advisory committee, and how the CIE would feed into later fee calculations. Consultants said the CIE itself does not set fee amounts; it is the required first step. Hatley estimated that, if transmitted now, the ARC and DCA review would take about two months and that fee calculations and further public hearings could extend into late spring or early summer.
After the regional review and any revisions, the county would convene a state-mandated advisory committee and then produce fee calculations and an ordinance. If the board ultimately adopts an impact-fee ordinance, state law requires two more public hearings before local adoption.
The board approved Resolution 2025-43 by voice vote following the hearing. The transmittal starts the formal review clock at ARC and DCA; it does not commit the county to adopt impact fees or particular fee amounts.

