Impact Fee Regulations

What are impact fee regulations?

Impact fee regulations are a type of land use regulation that allows local governments to charge developers fees to mitigate the impact that new developments have on public infrastructure and services. The fees are intended to help fund the construction or expansion of infrastructure and public services such as roads, schools, parks, and fire stations.

Impact fees ensure that new development pays for its impact on the community’s infrastructure and services rather than burden existing taxpayers. Impact fees are typically calculated based on the estimated cost of the infrastructure or services required to accommodate the new development.

Impact fees are often imposed as a condition of development approval, meaning that a developer must pay the cost to receive permission to build. The fees are collected by the local government and used to fund the necessary improvements. Impact fees may also fund maintenance and operation costs for the new infrastructure or services.

Need help with a matter related to impact fee regulations? Schedule your consultation today with a top land use and zoning attorney.

In Florida, which laws and regulations relate to impact fee regulations?

In Florida, the laws and regulations related to impact fee regulations are primarily governed by Chapter 163, Part II of the Florida Statutes, also known as the “Florida Local Government Comprehensive Planning and Land Development Regulation Act.”

In particular, Fla. Stat. § 163.31801 authorizes local governments to impose impact fees as a condition of development approval and provides guidelines for calculating and using impact fees.

What are common issues regarding impact fee regulations that lead to litigation?

The following issues are among the most common in actions regarding impact fee regulations in land use and zoning matters:

• Legal Authority: One common issue is whether the local government has the legal authority to impose impact fees. Developers may challenge the authority of a local government to levy impact fees, arguing that the fees are not authorized by state law or that the fees exceed the government’s statutory authority.
• Proportionality: Another issue that can lead to litigation is whether the impact fees are proportional to the impacts of the development. Developers may challenge the methodology used to calculate the fees, arguing that they are being asked to pay more than their fair share of the cost of providing public infrastructure and services.
• Nexus: A related issue is whether there is a sufficient nexus, or connection, between the impact fees and the actual impacts of the development. Developers may argue that the fees are being used to fund public facilities or services that are not directly related to the impacts of their development.
• Use of Funds: Disputes can also arise over how the impact fee funds are used. Developers may challenge the use of impact fee funds for purposes that are not directly related to the impacts of their development or may challenge the allocation of funds to specific projects or facilities.
• Due Process: Finally, developers may challenge the impact fee process itself, arguing that they were not given adequate notice or opportunity to be heard before the fees were imposed or that the process was not conducted fairly and transparently.

When a set of facts is appropriate to meet the requirements of violating impact fee regulations, there are many paths a claimant may take. We are value-based attorneys at Jimerson Birr, which means we look at each action with our clients from the point of view of costs and benefits while reducing liability. Then, based on our client’s objectives, we chart a path forward to seek appropriate remedies.

To determine whether your unique situation may necessitate litigation, please contact our office to set up your initial consultation.

What evidence does a plaintiff generally need to file a lawsuit regarding impact fee regulations, and what are common legal defenses to those claims?

To successfully file a lawsuit regarding impact fee regulations, a plaintiff must provide evidence that the local government has violated state law or the impact fee ordinance in some way. This evidence may include:

• Calculation Methodology: Evidence showing that the methodology used to calculate the impact fee is arbitrary, not based on empirical data, or not proportional to the actual impacts of the development.
• Nexus: Evidence showing that there is not a clear nexus between the impacts of the development and the public facilities or services that the impact fees are intended to fund.
• Fund Allocation: Evidence showing that the impact fee funds are being used for purposes that are not directly related to the impacts of the development.
• Due Process Violations: Evidence showing that the local government did not provide adequate notice or opportunity for public comment or that the impact fee process was not conducted fairly and transparently.

Common legal defenses to these claims may include:

• Statutory Authority: The local government may argue that it has the statutory authority to impose impact fees and that the fees are consistent with state law.
• Due Process Compliance: The local government may argue that it provided adequate notice and opportunity for public comment and that the impact fee process was conducted properly

To see what actions or defenses may be available for your unique situation, please contact our office to set up your initial consultation.

Frequently Asked Questions

Some frequently asked questions about impact fee regulations include:

Can developers challenge impact fees?

Yes, developers can challenge impact fees in court if they believe that the fees are not lawful or are not tied to the actual impacts of the development. However, the success of such challenges will depend on the strength of the evidence and the legal arguments presented by both the developer and the local government.

How are impact fees calculated?

The calculation of impact fees typically involves an analysis of the cost of providing public infrastructure and services and the expected impact of the new development on those facilities. The fee is then calculated as a proportionate share of those costs.

Why are impact fees imposed?

Impact fees are imposed to help ensure that new development pays its fair share of the cost of providing public infrastructure and services. Without impact fees, the costs of providing these services would fall primarily on existing residents and taxpayers.

Have more questions about an impact fee regulations-related situation?

Crucially, this overview of impact fee regulations does not begin to cover all the laws implicated by this issue or the factors that may compel the application of such laws. Every case is unique, and the laws can produce different outcomes depending on the individual circumstances.

Jimerson Birr attorneys guide our clients to help make informed decisions while ensuring their rights are respected and protected. Our lawyers are highly trained and experienced in the nuances of the law, so they can accurately interpret statutes and case law and holistically prepare individuals or companies for their legal endeavors. Through this intense personal investment and advocacy, our lawyers will help resolve the issue’s complicated legal problems efficiently and effectively.

Having a Jimerson Birr attorney on your side means securing a team of seasoned, multi-dimensional, cross-functional legal professionals. Whether it is a transaction, an operational issue, a regulatory challenge, or a contested legal predicament that may require court intervention, we remain a tireless advocate every step of the way. Being a value-added law firm means putting the client at the forefront of everything we do. We use our experience to help our clients navigate even the most complex problems and come out the other side triumphant.

If you want to understand your case, the merits of your claim or defense, potential monetary awards, or the amount of exposure you face, you should speak with a qualified Jimerson Birr lawyer. Our experienced team of attorneys is here to help. Call Jimerson Birr at (904) 389-0050 or use the contact form to set up a consultation.

Here are some blogs written by JB attorneys that provide more information about impact fee regulations:

• House Bill No. 7103 – Affordable Housing, Development Review & Impact Fees, Oh My! (jimersonfirm.com)