Washington HB 1337 at RCW 36.70A.696 caps impact fees for accessory dwelling units at 50 percent of the impact fee charged for an equivalent single-family residence. The underlying GMA impact-fee authority is at RCW 82.02.050 through 82.02.110, which authorizes counties, cities, and towns planning under the Growth Management Act to impose impact fees for public streets and roads, parks and recreation, schools, and fire protection. Kennewick (subject to the GMA in Benton County) may charge transportation, parks, and school impact fees through KMC and the local fee schedule, but all ADU fees are subject to the 50 percent statutory cap. School impact fees flow to the Kennewick School District under interlocal agreement.
Washington's impact-fee framework is at RCW 82.02.050 through 82.02.110 (GMA Impact Fees). Counties, cities, and towns planning under the GMA may impose impact fees for system-improvement components of (1) public streets and roads, (2) publicly owned parks, open space, and recreation facilities, (3) school facilities, and (4) fire protection facilities β but not for libraries, water/sewer (handled through connection fees), or other categories. Fees must be reasonably related to the new development's impact, not exceed a proportionate share, and the funds must be spent within 10 years (RCW 82.02.070(3)). HB 1337 in 2023 added RCW 36.70A.696, which provides that 'the impact fees for an accessory dwelling unit may not be greater than 50 percent of the impact fees that would be imposed on the principal unit' for the categories where a fee is charged. School impact fees collected by Kennewick on behalf of Kennewick School District are passed through under interlocal agreement and the District's capital facilities plan. Water and sewer connection fees, called system development charges or general facility charges in Washington practice, are imposed under RCW 35.92.025 and similar statutes; they are not 'impact fees' subject to the 50 percent ADU cap, but Kennewick may waive or reduce them for ADUs by ordinance. Permit fees themselves (building permit, electrical, plumbing, mechanical) are set under RCW 19.27.085 and KMC and are based on cost-of-service rather than capped by the ADU rule.
Charging an ADU impact fee in excess of 50 percent of the single-family fee violates RCW 36.70A.696 and is subject to refund. Failure to pay required impact fees authorized under RCW 82.02 prevents permit issuance or Certificate of Occupancy under KMC and the local fee ordinance. Misapplication of impact fees to ineligible categories (e.g., library impact fees, which are not authorized for GMA impact fees) is challengeable under RCW 82.02.070. School districts that receive impact fees must spend or refund within 10 years of receipt under RCW 82.02.070(3). Applicants who believe an impact fee is wrongly imposed may seek administrative appeal under KMC and judicial review under the Land Use Petition Act (RCW 36.70C).
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