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Bill > HB0197


WY HB0197

WY HB0197
Limits on property development exaction and mitigation fees.


summary

Introduced
01/21/2025
In Committee
Crossed Over
Passed
Dead
03/06/2025

Introduced Session

2025 General Session

Bill Summary

AN ACT relating to city, county, state and local powers; clarifying how cities, towns and counties can impose exaction or mitigation fees for development projects; specifying limits for affordable or workforce housing exaction and mitigation fees; establishing a process for review and appeal of affordable or workforce housing exaction and mitigation fees; specifying applicability; and providing for an effective date.

AI Summary

This bill establishes comprehensive regulations for affordable or workforce housing exaction and mitigation fees that cities, towns, and counties can impose on residential and commercial development projects. The legislation defines key terms like "exaction or mitigation fee" and requires that any such fees must be based on a detailed nexus study demonstrating a reasonable proportional connection between the development and the fee's purpose. The bill limits fees to a maximum of 4% of total construction costs and explicitly excludes the first 3,000 square feet of single-family homes and first 1,750 square feet of multi-family dwellings from fee calculations. Developers are given a robust appeal process, including the right to request an individualized determination of the fee, challenge the methodology through a public hearing, and even pursue judicial review, with the burden of proof placed on the local government to justify the fee's reasonableness. The bill also prohibits imposing such fees on agricultural development and requires local authorities to provide written notice at least 30 days before implementing fees. If the local government fails to provide a required individualized determination within 60 days, the fee is automatically waived. These provisions aim to create transparency, fairness, and predictability in how local governments can charge development fees related to housing affordability, with the law set to take effect on July 1, 2025.

Committee Categories

Justice

Sponsors (12)

Last Action

No report prior to CoW Cutoff (on 02/10/2025)

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