Construction fees in Washington
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.
RCW § 82.02.050 et seq.
Guiding standard in the act: proportionate share; 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 Washington
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 Washington says about your project
Washington's eligible list is short and specific: roads, parks, fire and schools. Water and sewer charges here run under separate utility statutes.
Since 2016 every county, city and town must offer a deferral system for single-family residential impact fees, so the money can be paid later in the build rather than at permit.
New single-family homes with fire sprinkler systems must be exempted from fire impact fees.
Low-income housing exemptions come with a recorded covenant; if the use changes, the waived fees become due.
The statute requires one or more reasonable service areas. Commentators have flagged that a single citywide service area may be vulnerable after Sheetz.
What the fees may pay for
4 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 type | Eligible for impact fees |
|---|---|
| Roads and transportation | Yes |
| Water facilities | Not listed |
| Wastewater and sewer | Not listed |
| Stormwater and drainage | Not listed |
| Parks and recreation | Yes |
| Fire | Yes |
| Police | Not listed |
| Libraries | Not listed |
| Solid waste | Not listed |
| Schools | Yes |
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 requirement | In the act |
|---|---|
| Written analysis required | Yes |
| Service areas required | Not required |
| List of projects required | Not required |
| Growth projections required | Not required |
| Level of service standards required | Not required |
Timing, credits, refunds and waivers
| Provision | What the act says |
|---|---|
| When the fee may be collected | any time |
| Recoupment of prior costs allowed | Yes |
| Waivers expressly authorized | general |
| Waived fees must be backfilled | yes |
| Spend-or-refund window | 6 years |
What to do next in Washington
- 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.
- Request the current adopted fee schedule and a written fee estimate for the address. The six-step sequence.
- Call each utility separately. Tap fees usually sit outside the act, and are often the largest line.
- If you are dedicating land or building improvements, request the credit in writing before assessment. How to ask.
- Calendar the refund date. Unspent fees here come back after 6 years. Almost nobody claims these.
- Pay under protest if you intend to dispute anything at all. What that preserves.