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Clayton County adopts development impact fee ordinance and capital improvements element
Summary
After public hearings and staff presentations, the board adopted a Capital Improvements Element and an ordinance to implement development impact fees, setting an initial effective collection date of April 1, 2026, subject to implementation readiness and state notifications.
The Clayton County Board of Commissioners voted to adopt a Capital Improvements Element (CIE) and to add development impact fees to the county code.
County community development staff and consultants presented the fee study and a recommended maximum fee schedule designed to charge new development a prorated share of infrastructure costs for parks and recreation, libraries, public safety and related facilities. Staff said the recommended schedule sets a maximum that could be charged by land-use type and that lower fees across the whole schedule are allowed but not selective reductions for specific uses.
Staff told the board a target implementation date of April 1 would give staff time to train employees and set systems, but the date could be adjusted if the county or the state Department of Community Affairs required more time. The county’s consultant explained fees are typically charged when a building permit is issued; residential development would pay all fee categories while many nonresidential uses pay only the public-safety portion.
Commissioners asked whether senior services or road repair could be added; staff said such projects can be reconsidered at the next CIE update (in five years) or earlier through a committee process, but the initial recommended list focused on infrastructure that directly serves population growth. Staff also noted neighboring Henry County is in litigation over its impact fee program, underscoring the need for documented methodology and compliance with state rules.
Public commenters who spoke at the hearing generally supported charging builders fees that offset the cost to existing taxpayers; one commenter asked that the fee program include sound‑barrier or landscaping mitigation for nearby residents.
The board approved Resolution 2025-217 adopting the CIE and then voted to approve Ordinance 2025-226 to add development impact fees to county code. County staff will set implementation steps, coordinate DCA notifications and schedule training with the consultant prior to any collection start date.
