Boulder, CO Accessory Structures: ADU Impact Fees (2026)
Key Facts
- Exempt fee
- Affordable housing capital facility impact fee only
- Basis for exemption
- ADU built to section 9-6-3 standards
- Separate small-addition exemption
- 500 sq ft or less, once per dwelling unit
- Small single-unit exemption
- Whole dwelling 2,000 sq ft or less
- Fee still due for
- Parks, human services, municipal, police, fire, transportation
- Governing section
- Boulder Revised Code section 8-9-3(c)(6)
Summary
Accessory dwelling units built to the standards of Boulder Revised Code section 9-6-3 are exempt from the city's affordable housing capital facility impact fee under section 8-9-3(c)(6). That is separate from the smaller exemption for additions of 500 square feet or less, and it applies specifically to the floor area that makes up the ADU itself.
(4)Small Additions to Residential Uses: ... An accessory building of a residential use or an addition to an existing single unit dwelling of five hundred square feet or less shall be exempt from paying the affordable housing impact fee. This exemption shall only be used one time for each dwelling unit in existence on January 31, 2026.(5)Single-Unit Dwellings: Any floor area in a single-unit dwelling use that is 2,000 square feet in floor area or less shall be exempt from the impact fee for affordable housing.(6)Accessory Dwelling Units: Any floor area in a single-unit dwelling use that is part of an accessory dwelling unit constructed pursuant to the standards in Section 9-6-3, "Specific Use Standards - Residential Uses," B.R.C. 1981, shall be exempt from the impact fee for affordable housing.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Municipal Code: Supplement 167 Update 3).
Full Breakdown
Boulder charges a capital facility impact fee on new floor area and land use intensification citywide, split among classifications for parks and recreation, human services, affordable housing, municipal facilities, and police and fire, under Chapter 8-9. Section 8-9-3(c) lists several carve-outs from that fee. Paragraph (c)(4) exempts a residential accessory building or an addition of 200 square feet or less from the parks, human services, municipal facilities, police, fire, and transportation impact fees (usable once per dwelling unit existing as of January 1, 2010), and separately exempts an addition of 500 square feet or less from the affordable housing impact fee alone (usable once per dwelling unit existing as of January 31, 2026).
Paragraph (c)(5) exempts any single-unit dwelling of 2,000 square feet or less from the affordable housing impact fee entirely. Paragraph (c)(6) then carves out accessory dwelling units specifically: any floor area in a single-unit dwelling use that is part of an ADU built to the specific use standards of section 9-6-3 is exempt from the affordable housing impact fee, regardless of the size threshold that applies to additions generally. The fee itself is otherwise due at building permit issuance for most development and just before final inspection for new buildings, calculated under the schedule in section 4-20-62, and the city credits each property for what the existing use would have already paid.
A fee payer who disputes how the city manager classified their use can request a Chapter 1-3 quasi-judicial hearing before a different hearing officer than the one who made the original call.
Violations & Fines
Because paragraph (c)(6) is an exemption rather than a prohibition, there's no separate ADU-specific penalty; the general impact fee enforcement applies instead. An owner who fails to pay a capital facility impact fee that is actually due can face the fee being required before a certificate of occupancy or final building inspection is scheduled, and disputes over whether a project qualifies for the ADU exemption go through a Chapter 1-3 hearing rather than municipal court.
Frequently Asked Questions
Do I owe an impact fee for building an ADU in Boulder?
Is the ADU fee exemption the same as the small-addition exemption?
Who decides if my project qualifies for the ADU fee exemption?
Sources & Official References
Other rules in Boulder
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