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Commission counsel says statute limits fees to cost of service; members told to document time inputs
Summary
County counsel told the planning commission that state law bars charging fees above the cost of providing services, urging the commission to calculate staff time and other cost inputs before finalizing any increases.
Counsel reminded the commission of the legal constraint on fee-setting, saying the law "has always been, since 1980, when they adopted home rule, the law has always said you can't charge a fee that's more than what it cost you to to provide the service." Members agreed they should document time and costs to defend any increase if challenged in court.
The exchange prompted members to propose tracking time-per-application and per-inspection and to consider benefit loading (staff benefits and overhead) in hourly cost estimates. Counsel and members noted that showing a clear method for computing costs would strengthen the commission’s position if the fee schedule were subject to judicial review.
