Impact Fee Map
Home / Fee types / In-lieu
Depends on state and local authority

In-lieu and inclusionary fees

A payment substituting for a physical obligation, most often affordable units or park land.

Who charges it

The city, under an inclusionary housing or dedication ordinance

The trap

These are legally distinct from impact fees and often sit outside the enabling act's refund and credit protections.

In-lieu and inclusionary payments are legally distinct from impact fees and frequently sit outside the enabling act, which means the act's refund windows, credit rules and committee requirements may not protect them.

That distinction cuts both ways. It also means the fee may not be constrained by the act's proportionate share language, and the analysis behind it may be a housing needs study rather than a nexus study.

Where a jurisdiction offers a choice between building units and paying, model both. The in-lieu figure is often set to be the less attractive option deliberately.

Next

Read this before you rely on anything here. Impact Fee Map describes who is legally allowed to charge new construction, for what, and what a fee payer's rights are under state law. It does not publish fee amounts for any city, county or district, and it never will, because no source keeps thirty-nine thousand local schedules current and a stale number is worse than none. This is not legal advice, not a fee quote and not a substitute for the adopted fee schedule of the bodies with jurisdiction over your parcel. Statutes change; verify against the current text and confirm every figure in writing with the agency that will bill you.