Impact Fee Map
Home / States / Utah
Enabling act · 1995

Construction fees in Utah

This state has a general impact fee enabling act. Local governments here charge under a statewide statute, which means there are written limits on what can be charged, how it must be calculated and when it must be refunded.

Statutory citation

Utah Code § 11-36a-101 et seq.

Guiding standard in the act: proportionate share; roughly proportionate; reasonably related. That phrase is the ceiling on what may be charged, and it is the cheapest argument a fee payer has.

Your fee stack in Utah

Answer four things and get the list of every body that can bill this project, what each one is allowed to charge for, and the rights your state's law gives you before you pay.

What Utah says about your project

Utah's act already used the phrase "roughly proportionate" long before Sheetz made that test unavoidable nationwide.

Water and sewer districts are clearly subject to the act, which is not true in most states. That closes the gap where the biggest charges usually hide.

Only the actual cost of excess capacity may be recovered, not current replacement cost.

The preparer of the impact fee facilities plan must certify in writing that it complies with the act. Ask to see that certification.

What the fees may pay for

7 of 10 facility categories are eligible here. A charge for anything not on this list is resting on some other authority, and that is a fair question to ask.

Facility typeEligible for impact fees
Roads and transportationYes
Water facilitiesYes
Wastewater and sewerYes
Stormwater and drainageYes
Parks and recreationYes
FireYes
PoliceYes
LibrariesNot listed
Solid wasteNot listed
SchoolsNot listed

What the jurisdiction had to do first

These are the homework requirements in the act. Where one is required and missing, that is a procedural defect you can raise without a lawyer.

Planning requirementIn the act
Written analysis requiredYes
Service areas requiredYes
List of projects requiredYes
Growth projections requiredNot required
Level of service standards requiredNot required

Timing, credits, refunds and waivers

ProvisionWhat the act says
When the fee may be collectedany time
Recoupment of prior costs allowedYes
Waivers expressly authorizedaffordable housing
Waived fees must be backfilledyes
Notice before a new or increased fee2 weeks
Phase-in before a fee takes effect90 days
Spend-or-refund window6 years

What to do next in Utah

  1. Confirm whether your parcel is in a city or unincorporated, then pull the taxing district list from the assessor's record. Why that list is the real fee list.
  2. Request the current adopted fee schedule and a written fee estimate for the address. The six-step sequence.
  3. Call each utility separately. Tap fees usually sit outside the act, and are often the largest line.
  4. If you are dedicating land or building improvements, request the credit in writing before assessment. How to ask.
  5. Calendar the refund date. Unspent fees here come back after 6 years. Almost nobody claims these.
  6. Pay under protest if you intend to dispute anything at all. What that preserves.

Other states

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.