The Lee County Local Planning Agency on Dec. 8 voted to recommend that the Board of County Commissioners advance amendments to the county’s land development code that update fire and emergency medical services (EMS) impact fees based on a consultant study.

Benesh consultant Nilgenkamp said the county’s population (about 836,000) and high growth in residential permitting prompted the update. "Impact fees, by definition, are a one‑time capital charge to new development," Nilgenkamp said, adding that fees "cannot be used for maintenance or operations" and must be based on recent, localized data under state law.

The study used a consumption‑based methodology that calculates the cost to add capacity (stations, vehicles, equipment), subtracts other revenue credits and distributes net cost by demand. Nilgenkamp told the LPA the EMS inventory used in the calculation includes 12 county‑owned stations (roughly 42,000 square feet on about 25 acres); the county also has 29 leased stations that were excluded from the fee calculation because leases are treated as operating expenses. Unit assumptions cited in the presentation included $600 per square foot for EMS station buildings, $300 per square foot for support buildings and $350,000 per acre for land.

Using those assumptions, the consultant reported an estimated EMS asset value of about $61,000,000 and a calculated cost of roughly $82 per person; after applying general fund credits (about $1,600,000 per year), the net cost produced a residential fee that equates to about $65 for single‑family homes — an increase from the current $55, or roughly 18 percent. Nilgenkamp said some nonresidential land uses had calculated increases larger than 50 percent (for example, some hotel/motel calculations), but state limits and the county’s stated policy mean those rates would be capped at 50 percent and phased in over four years.

Members asked why retail showed the largest calculated increases; Nilgenkamp said that result stems from updated demand and trip‑generation data showing higher persons‑per‑square‑foot at retail sites. The county attorney and consultant clarified vesting practice: building permits pulled before the 90‑day post‑adoption period would use the old rate, and impact fees are collected at permit issuance.

The LPA made and seconded a motion to recommend approval of the impact‑fee amendments and adopted the recommendation by voice vote. Nilgenkamp said staff expects the BOCC to direct the ordinance to a public hearing on Jan. 20, with adoption scheduled for Feb. 3 pending the BOCC schedule.

The consultant repeatedly cited state statutory constraints, referencing the Impact Fee Act and more recent bills that require localized, recent data and phase increases. Nilgenkamp told the LPA Lee County does not intend to pursue the 'extraordinary circumstances' exception to the 50 percent cap.

Next steps: the LPA’s recommendation will be transmitted to the BOCC for public hearing and possible adoption; if adopted, increases over the 90‑day notice period would be phased per state limits and county policy.