HB0197

Establishes limits on affordable or workforce housing exaction and mitigation fees that cities, towns, and counties can impose on residential and commercial development projects.

• Defines key terms including affordable or workforce housing exaction or mitigation fees, residential and commercial development, exaction or mitigation nexus studies, individualized determinations, and land use permitting authorities. (W.S. 16-13-101)
• Allows land use permitting authorities to impose affordable or workforce housing exaction or mitigation fees only if justified by an exaction and mitigation nexus study and if the fee is reasonably proportional to the development's impact. (W.S. 16-13-102(a))
• Caps affordable or workforce housing exaction or mitigation fees at the lower of the percentage determined by a nexus study or 4% of total construction, renovation, or addition costs. (W.S. 16-13-102(b))
• Exempts the first 3,000 square feet of single-family residential dwellings and the first 1,750 square feet of multi-family residential dwellings from fee calculations. (W.S. 16-13-102(a))
• Prohibits imposition of affordable or workforce housing exaction or mitigation fees on land subdivision or structures built to support agricultural activities. (W.S. 16-13-102(c))
• Requires land use permitting authorities to provide written notice of fees at least 30 days before imposing them and allows applicants to request an individualized determination at the authority's expense. (W.S. 16-13-103(a))
• Requires land use permitting authorities to complete individualized determinations within 60 days; if not completed timely, the fee is waived. Applicants may request a public hearing if they object to the determination. (W.S. 16-13-103(b), W.S. 16-13-103(c))
• Places the burden of proof on the land use permitting authority to demonstrate that an exaction or mitigation fee is reasonably proportional to the development's impact during administrative hearings and court proceedings. (W.S. 16-13-103(c), W.S. 16-13-103(e))
• Allows applicants to pay contested fees under protest without waiving rights to challenge or appeal the fee, and prohibits authorities from requiring payment as a prerequisite to challenging the fee's validity.