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Attorney outlines impact fee limits: capital only, not operations; county urged to assess growth first
Summary
MSBT Law attorney Geoffrey Schroeder told the Board that impact fees may fund capital infrastructure but cannot be used for operations; he outlined statutory steps and urged the County to assess growth projections before starting an impact fee program.
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Geoffrey Schroeder of MSBT Law presented an overview of development impact fees, explaining that impact fees must be tied to capital infrastructure needed to support growth and "cannot be used for ongoing operational costs." He detailed the statutory process to adopt impact fees—establishing growth projections, forming an advisory committee, developing a capital improvement plan, and holding multiple hearings and ordinance amendments.
Schroeder said implementation timelines vary from roughly one year to several years depending on complexity, and emphasized the need for accurate growth projections because those figures drive the justification and structure of any impact fee program. Cece Albertson of the Wood River Land Trust offered to collaborate with County staff, noting the County’s comprehensive plan and the Watershed Moment project provide data that can inform growth scenarios.
The Board asked questions about limitations, qualifying facilities, and timelines; Schroeder confirmed that operational costs must be funded separately (for example by property taxes or voter‑approved levies).
