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Council adopts code changes to align local impact fees with state law
Summary
Following Montana Senate Bill 133, council approved ordinance 25-12 (first reading) and resolution 25-33 to remove the 5% administrative fee, narrow public-facilities definitions and eliminate park, trail and City Hall impact fees from use as impact-fee-funded projects.
The council moved to adopt changes to the Whitefish municipal code to implement Montana Senate Bill 133 and approved an ordinance first reading and a companion resolution adopting revised fees.
Dana explained that Senate Bill 133 eliminated the 5% administrative surcharge on impact fees and narrowed the statutory definition of public facilities to water, wastewater, transportation, stormwater, law enforcement, emergency medical rescue, emergency management and fire protection. "So, we've made the changes in the code, which eliminates our parks impact fee, our paved trails impact fee, and our City Hall impact fee," Dana said, adding staff accounted for the revenue changes in the FY26 budget.
All other existing impact fees for water, wastewater, police and fire remain in place but will no longer carry the administrative fee. Council voted to approve ordinance 25-12 on first reading and to adopt resolution 25-33 approving the updated rates and policies.
