What is the legal basis for establishing a land use development fee?
In Washington, land use development fees are authorized by the Growth Management Act (GMA). The GMA is a set of laws enacted in 1990 to manage growth and protect the environment. It requires local governments to adopt and implement comprehensive plans, which identify goals and policies for the use and protection of land, resources, and infrastructure. The GMA also authorizes local governments to impose impact fees, including land use development fees. These fees are intended to offset the costs of providing public services and infrastructure to accommodate growth. Local governments can charge developers a fee to pay for things such as installing new roads or upgrading sewage systems. The fee may also be used to acquire land and resources necessary to accommodate the growth. The GMA places certain limits on imposing land use development fees. The amount of the fee must be reasonable and related to the costs of providing public services and infrastructure. Additionally, the fee must be collected before the development is occupied. Ultimately, local governments can collect land use development fees in Washington as long as they are reasonable and related to the costs of providing services and infrastructure for growth. The legal basis for this type of fee is authorized by the Growth Management Act.
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