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Clackamas County, OR Accessory Structures: ADU Impact Fees (2026)

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

Key Facts

ADU TSDC classification
ITE code 220, Apartment rate
When charge is due
At development/building permit issuance
Statutory authority
ORS 223.297 to 223.314
Guest homes
Exempt; ADUs with own kitchen are not
Appeal fee
$1,110 deposit plus actual costs
Installment option fee
$528 application fee

Summary

Accessory dwelling units in unincorporated Clackamas County are not exempt from the county's Transportation System Development Charge. Under County Code Section 11.03.020(A), a ZDO-839-compliant ADU is billed at the Institute of Transportation Engineers "220 - Apartment" rate, due before a development or building permit is issued.

These county ordinances apply to unincorporated areas of Clackamas County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

ACCESSORY DWELLING UNIT means a unit complying with Clackamas County ZDO 839. Accessory Dwelling Units will be charged the adopted rate for the Institute of Transportation Engineers (ITE) classification of "220 - Apartment."

B. AFFILIATE is any entity that directly controls, is controlled by or under common control with the applicant. As used herein, the term "control" or "controlled by" means the power to direct the management of such entity through voting rights, ownership or contractual obligations.

C. ARTERIAL means that term as defined and used in Chapter 5 - Transportation System Plan of the County Comprehensive Plan.

D. AVERAGE WEEKDAY TRIPS means the average 24-hour total of all vehicle trips counted to and from a study site from Monday through Friday. Average Weekday Trips are calculated by using the Institute of Transportation Engineers (ITE) Manual or as otherwise provided by this Chapter.

E. ASSIGNMENT refers to the transfer of a credit voucher or portion of a credit voucher that is transferred to another party.

F. BOARD means the Board of County Commissioners of Clackamas County, Oregon.

G. BUILDING OFFICIAL means that person, or their designee, certified by the State and designated as such to administer the State Building Codes for the County.

Full Breakdown

314 to fund transportation capacity for growth. 030(J), using the Engineering News Record Northwest Construction Cost Index. 040(A), the TSDC is "due and payable at the time of issuance of the Development Permit," and the permit cannot issue until it is paid except where a credit-voucher delay applies. 030(C)(1) exempts "Guest Homes" that share a kitchen and laundry with the primary dwelling because they are not separately habitable, but an ADU with its own kitchen and laundry does not qualify for that exemption and is charged the full Apartment-classification rate. B), within 14 days of the Department's decision.

Violations & Fines

A Development or Building Permit for an ADU will not be issued until the TSDC is paid in full, per Section 11.03.040(A); the only exceptions are the installment-payment option under Section 11.03.040(D) (a $528 application fee under Section 11.03.040.D.1) or an approved credit-voucher delay. Disputing the fee requires filing a written appeal with the Hearings Officer and paying the $1,110-deposit-plus-actual-costs appeal fee under Section 11.03.080(B) within 14 days of the Department's decision or payment, whichever comes first.

Frequently Asked Questions

Are ADUs exempt from Clackamas County's transportation development charge?
No. Only "Guest Homes" that share a kitchen and laundry with the main house are exempt under Section 11.03.030(C)(1). An accessory dwelling unit complying with ZDO 839 is charged the Transportation System Development Charge at the ITE '220 - Apartment' rate under Section 11.03.020(A).
How much is the ADU transportation fee in Clackamas County?
The dollar amount comes from the Board-adopted Rate Schedule for the ITE '220 - Apartment' classification, which is adjusted annually using the Construction Cost Index under Section 11.03.030(J). The code sets the classification and timing, not a fixed dollar figure, since the Rate Schedule is set by separate resolution.
When do I have to pay the ADU TSDC?
Section 11.03.040(A) makes it due and payable at the time the Development Permit or Building Permit is issued, and the permit will not be issued until payment is made unless you qualify for the installment-payment option (a $528 application fee) or a credit-voucher delay.
Can I appeal my ADU's transportation fee calculation?
Yes. Section 11.03.080(B) lets you appeal a Department decision to a County-appointed Hearings Officer by filing a written request and paying the appeal fee, listed at $1,110 deposit plus actual costs, within 14 days of the decision or payment, whichever comes first.

Sources & Official References

Other rules in Clackamas County

All Clackamas County rules

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