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Subjects › Planning › Transportation Impact Fees
Updated 09/2010

Transportation Impact Fees

Contents

Introduction

Impact fees are charges that local governments may assess on new development projects. The fees reimburse at least a portion of the costs incurred by local government to provide the public facilities needed to serve the new development. Impact fees may only be used to fund public facilities needs that are reasonably related to the new development. They may be used to pay the development's 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 - .110), 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 provides specific authority for impact fees, but 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.

Given the considerable cost of building new roads and upgrading existing roads, transportation impact fees for streets and roads are one of the most commonly imposed types of impact fees in Washington. Setting fee schedules for impact fees is a complex process. Local jurisdictions must be able to demonstrate that the rates charged and the traffic generation projections and other assumptions used are reasonable, and are related to the demand created by the new development. An impact fee system can help assure the funds are available and transportation facilities can be completed in a manner that meets the 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

  • Cities

    • Bellevue Municipal Code Ch. 22.16 - Transportation Improvement Program
    • Bothell Municipal Code Ch. 17.045 - Transportation Impact Fees
    • Duvall Municipal Code Ch. 14.58 - Impact Fee Assessments
    • Everett Municipal Code Ch. 18.40 - Transportation Mitigation
    • Issaquah Municipal Code Ch. 18.15 - Transportation Concurrency Management (see Section 18.15.065 and 18.15.095 in particular)
    • Kirkland Municipal Code Ch. 27.04 - Road Impact Fees
    • Lacey Municipal Code Ch. 14.21 - Traffic Mitigation and Concurrency
    • Maple Valley Municipal Code Ch. 16.20 - Transportation Impact Fees
    • Marysville Municipal Code Title 18B (Adobe Acrobat Document) - Traffic Impact Fees and Mitigation
    • Newcastle Municipal Code Ch. 16.15 - Traffic Impact Fees
    • Olympia Municipal Code Title 15 - Impact Fees (see Ch. 15.04 and Section 15.08.050)
    • Redmond Community Development Guide Ch. 20D.210.10 and Ordinance No. 1943
    • Richland Municipal Code Ch. 12.03 (Adobe Acrobat Document) - Road Impact Fees (in Title 12)
    • SeaTac Municipal Code Ch. 11.15 - Transportation Impact Fees
    • Spokane Ordinance No. C34305 (Adobe Acrobat Document), 11/08
    • Vancouver Municipal Code Ch. 20.915 - Impact Fees (see Section 20.915.040)
  • Counties

Ordinances Authorizing Impact Fees for Transportation and Other Facilities

Fee Schedules and Rate Studies

Articles