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Highland, CA Accessory Structures: ADU Impact Fees (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

ADU under 750 sq ft
Not charged development impact fees
ADU 750 sq ft or larger
Charged proportionately to the primary dwelling's square footage
Payment timing
Before the certificate of building occupancy
Annual adjustment
Each April, using the California Construction Cost Index
Fee amounts
Set by City Council fee resolution
Fee categories
Nine, from law enforcement to park facilities

Summary

In the City of Highland, California, an accessory dwelling unit under 750 square feet is not charged development impact fees. An ADU of 750 square feet or larger is charged fees proportionately in relation to the square footage of the primary dwelling unit, and Government Code Section 65852.2 still governs what the City can collect.

§ 3.36.080. Development impact fee exemptions and exceptions. ... ... E. Accessory Dwelling Units. Accessory dwelling units ("ADUs") that are less than 750 square feet shall not be charged development impact fees. For an ADU that is 750 square feet or larger, the ADU will be charged fees proportionately in relation to the square footage of the primary dwelling unit. Notwithstanding the foregoing, ADUs shall be subject to impact fees as allowed by Government Code Section 65852.2, as it may be amended from time to time.

Full Breakdown

The rule sits in HMC § 3.36.080(E), part of Chapter 3.36, the development impact fee chapter adopted by Ordinance 461 in 2023. It reads that ADUs under 750 square feet are not charged development impact fees, that a larger ADU is charged proportionately to the square footage of the primary dwelling unit, and that ADUs remain subject to impact fees as allowed by Government Code Section 65852.2.

The fees themselves are set up in HMC § 3.36.030 in nine categories: law enforcement facilities; fire suppression facilities, vehicles and equipment; local circulation systems; regional circulation systems; local and regional flood control facilities; general facilities, vehicles and equipment; library facilities and collection; public use (community center) facilities; and park facilities development. The City Council fixes the dollar amounts in a fee resolution, and the chapter ties the calculation to the 2023 DIF Report dated August 28, 2023. Under HMC § 3.36.040 the fees are adjusted each April beginning April 2025 using the California Construction Cost Index.

Timing is set by HMC § 3.36.070. Except as Government Code Section 66007 requires, development impact fees are paid before issuance of the certificate of building occupancy. Fees are calculated by land use, evaluated by acreage, by dwelling unit or by square footage of construction.

Other exemptions in the same section help a homeowner adding space. A residential addition of less than 500 square feet of enclosed structure requiring a building permit pays no impact fee if the community development director finds no increase in the number of dwelling units, and at 500 square feet or more the fee applies to the footage above 499 square feet. A developer who believes the fee lacks a reasonable relationship to the impacts of the project can apply to the City Council for a reduction, adjustment or waiver under HMC § 3.36.110.

Violations & Fines

Payment is tied to occupancy: fees are due before the certificate of building occupancy issues, so an unpaid impact fee holds up final sign-off on the unit (HMC § 3.36.070). HMC § 1.24.010 makes noncompliance with any requirement of the municipal code a misdemeanor, or an infraction at the discretion of the city attorney or the district attorney, and each day is a separate offense.

Frequently Asked Questions

Does Highland charge impact fees on a small ADU?
No, if the ADU is less than 750 square feet. HMC § 3.36.080(E) says ADUs under that size shall not be charged development impact fees. The exemption is written subject to Government Code Section 65852.2, so the state statute is the outer limit on what the City can charge.
How are fees calculated for a larger ADU?
An ADU of 750 square feet or larger is charged fees proportionately in relation to the square footage of the primary dwelling unit. The dollar amounts come from the City Council's fee resolution, and the chapter says fees are adjusted each April using the California Construction Cost Index, beginning April 2025.
When are the fees due?
Development impact fees are paid before the certificate of building occupancy is issued, except as Government Code Section 66007 requires otherwise. The fees are calculated on land use and evaluated by acreage, by dwelling unit or by square footage of construction, as the 2023 DIF Report indicates.
Can the City Council waive or reduce a fee in Highland?
A developer can apply in writing to the City Council, through the city clerk, based on the absence of a reasonable relationship between the project's impacts and the fee or facilities financed. The filing deadline is 10 days before the permit hearing, or at building permit request if no hearing is held. The Council's decision is final.

Sources & Official References

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