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SUBJECTS › PLANNING › Transportation Impact Fees
Updated 1/06

Transportation Impact Fees

Contents

Introduction

Impact fees are charges assessed by local governments against new development projects that attempt to recover the cost incurred by government in providing the public facilities required to serve the new development. Impact fees are only used to fund facilities, such as roads, schools, and parks, that are directly associated with the new development. They may be used to pay the proportionate share of the cost of public facilities that benefit the new development; however, impact fees cannot be used to correct existing deficiencies in public facilities. In Washington, impact fees are authorized under the Growth Management Act (RCW 82.02.050 - .100), as part of "voluntary agreements" under RCW 82.02.020, under the "Local Transportation Act" (RCW 39.92.040), and as mitigation for impacts under the State Environmental Policy Act (SEPA - Ch. 43.21C RCW). GMA impact fees are only authorized for public streets and roads; publicly owned parks, open space, and recreation facilities; school facilities; and fire protection facilities in jurisdictions that are not part of a fire district.

Given the huge cost of building new roads and upgrading existing roads, transportation impact fees for streets and roads are probably the most commonly imposed of all types of impact fees in Washington. Setting fee schedules for impact fees is a complex process typically involving rate studies. Generally, impact fees do not recover the full cost of a new facility, since these fees must be directly and proportionately related to impacts associated with new development. Impact fees for transportation facilities may be calculated based on average trips, numbers of units in a residential project, square footage in a non-residential project, or other factors. By paying appropriate transportation mitigation fees, developers can meet transportation concurrency requirements of the Growth Management Act. ("Concurrency" means that adequate public facilities are available when the impacts of development occur.)

This transportation impact fees page includes links to articles addressing technical and legal aspects of impact fees, sample ordinances, and fee schedules.

Reference Sources

State Statutes - Transportation Impact Fees
Two statutes provide the primary authority for impact fees imposed by cities and counties:

The following statutes also relate to transportation impact fees:

Washington Administrative Code

Court Decisions - Transportation Impact Fees

  • New Castle Invs. v. City of LaCenter, 98 Wn. App.224 (1999) - [Transportation Impact Fee Ordinance] - A city's transportation impact fee ordinance is not subject to the vesting statute for subdivision applications, RCW 58.17.033, because transportation impact fees do not fall within the definition of "land use control ordinances" under that statute. Consequently, the city's impact fee can be applied to a proposed development even though the application for preliminary plat approval was perfected prior to the effective date for the city's ordinance.
  • Other Court Decisions - Impact Fees. 

Growth Management Hearings Board Decisions

General Information on Transportation Impact Fees

Ordinances Authorizing Transportation Impact Fees

Ordinances Authorizing Impact Fees for Transportation and Other Facilities

Fee Schedules and Rate Studies

Articles

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