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Lake County, FL Accessory Structures: ADU Impact Fees (2026)

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

Key Facts

Size limit
800 sq ft or less
Fee deferred
Educational impact fee only
Due when
Property sold or conveyed
Security
Recorded mortgage to Lake County
Mortgage term
30 years
Recording costs
Paid by applicant/owner

Summary

Lake County lets homeowners defer educational impact fees on a new accessory dwelling unit under Lake County Code § 22-11, but only if the ADU is 800 square feet or smaller under LDR § 10.01.03. Deferral runs until the property sells or is conveyed, secured by a recorded mortgage to the county for the deferred fee amount, with a 30-year term.

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

(a)When an application for a building permit for an accessory building unit is made, the county manager or designee may defer the educational impact fees as set forth herein. An accessory dwelling unit, as defined under Section 10.01.03 of the Land Development Regulations, must be 800 square feet or less to be eligible for a deferral under this section.(b)The educational impact fees for an accessory dwelling unit may be deferred upon the applicant's request until the property is sold or conveyed. Any such deferral shall be conditioned upon the applicant executing a mortgage to Lake County in the amount of the deferred impact fees. The mortgage shall be recorded in the public records of Lake County and shall obtain priority status as a lien holder subject only to the lien of a first mortgage. The term of the mortgage shall be for thirty (30) years.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 150).

Full Breakdown

03, that is 800 square feet or less; anything larger does not qualify for this deferral and must pay the fee up front like any other new dwelling. Under § 22-11(b), the deferral runs, upon the applicant's request, until the property is sold or conveyed, at which point the deferred fee becomes due. To secure that future payment, the applicant must execute a mortgage in favor of Lake County for the deferred amount, recorded in the county's public records, and that mortgage takes lien priority ahead of everything except a first mortgage already on the property.

If the owner later refinances the first mortgage, the county manager can consent to subordinating the county's mortgage so long as the new first mortgage's principal is not increased. The deferral mortgage runs for a term of thirty years. Section 22-11(c) puts the cost of recording that mortgage on the applicant or property owner, not the county. The deferral sits inside Chapter 22's broader impact fee waiver and deferral program; the current section was renumbered from an earlier version of § 22-11 by Ordinance No. 2020-8, and the operative text was most recently amended by Ordinance No. 2025-4.

Violations & Fines

There is no fine tied to using the deferral itself, but failing to satisfy the recorded mortgage when the property sells or is conveyed leaves the deferred impact fee collectible as a lien against the property, enforceable the same as any recorded mortgage under Florida law. Building without a permit, or misrepresenting a unit's size to claim the 800-square-foot deferral threshold, exposes the owner to the county's standard impact fee assessment plus any Chapter 8 code enforcement penalties for permitting violations.

Frequently Asked Questions

Which impact fees can I defer for an accessory dwelling unit in Lake County?
Only the educational impact fee. Lake County Code § 22-11 authorizes the county manager or a designee to defer the school-related impact fee for an accessory dwelling unit of 800 square feet or less; it does not extend to transportation, fire, or other impact fee categories charged on the same permit.
When does the deferred impact fee actually have to be paid?
Not until the property is sold or conveyed. Section 22-11(b) lets the fee sit deferred for as long as the owner keeps the property, secured by a mortgage recorded in Lake County's public records for a 30-year term, with the deferred amount becoming due at the time of sale or conveyance.
Does a larger accessory structure qualify for the fee deferral?
No. Section 22-11(a) caps eligibility at 800 square feet, using the accessory dwelling unit definition in Land Development Regulations § 10.01.03. An accessory dwelling unit larger than that threshold must pay the educational impact fee at the time the building permit is issued, the same as a primary dwelling.

Sources & Official References

Other rules in Lake County

All Lake County rules

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