Michigan municipalities lack explicit statutory authority to impose impact fees on new residential development. Unlike states with impact fee enabling acts (e.g., Florida's Impact Fee Act, Colorado C.R.S. 29-20-104.5), Michigan has not enacted a general impact fee statute, and Michigan Supreme Court doctrine in Bolt v. City of Lansing, 459 Mich. 152 (1998), draws a strict constitutional line between regulatory fees (permitted) and disguised taxes (prohibited under the Headlee Amendment without voter approval). As a result, Wyoming's typical ADU-related charges are limited to standard zoning and building permit fees plus water/sewer connection fees if separate service is established. Wyoming has not adopted a residential impact fee.
Michigan's impact fee landscape is among the most restrictive in the United States. The Michigan Constitution's Headlee Amendment (Const. 1963, art. IX, sec. 31) bars local units of government from imposing new taxes or increasing existing taxes without voter approval. The Michigan Supreme Court in Bolt v. City of Lansing, 459 Mich. 152 (1998), set out a three-part test distinguishing a permissible regulatory fee from an impermissible disguised tax: (1) the fee must serve a regulatory rather than revenue-generating purpose; (2) it must be proportionate to the necessary costs of the service; and (3) it must be voluntary, in the sense that the payor has the ability to refuse or limit use of the service. Several Michigan court of appeals decisions (Graham v. Township of Kochville; Wheeler v. Charter Township of Shelby) have struck down fees that crossed the Bolt line. Michigan has no general impact fee enabling statute comparable to other states. Water and sewer connection fees (tap-in fees) are authorized separately under MCL 141.121 et seq. (Revenue Bond Act) and the Home Rule City Act, and survive Bolt where they recover identifiable infrastructure costs. School districts under the Revised School Code (MCL 380.1 et seq.) cannot impose impact fees on residential construction. Net result for a Wyoming ADU applicant: zoning compliance fee, building permit fee, water/sewer tap-in if separate service, and no general transportation, school, or recreation impact fee.
Failure to pay required permit and tap-in fees prevents permit issuance and Certificate of Occupancy under the Michigan Single State Construction Code. Municipalities that attempt to collect impact-style charges outside the Bolt framework face challenge under the Headlee Amendment with potential refunds. The Michigan Court of Appeals routinely strikes fees that cross the line from regulatory recovery to general revenue.
Wyoming, MI
Residential pool barriers in Wyoming follow the statewide 2015 Michigan Residential Code Appendix AG105, which requires a barrier at least 48 inches high aro...
Wyoming, MI
Wyoming Section 90-312(4) requires that all fences be of an ornamental nature and prohibits spikes, nails, or any sharp instruments of any kind on top of or ...
Wyoming, MI
Wyoming Section 90-312 does not require neighbor consent to build a fence; it only requires building inspector approval, the 36-inch front-yard cap, the 6-fo...
Wyoming, MI
Wyoming Zoning Code Section 90-312(1) requires that the erection, construction, or alteration of any fence be approved by the building inspector for complian...
Wyoming, MI
Wyoming Zoning Code Section 90-312 (Fences, Walls and Other Protective Barriers) caps residential fences at six feet in required side and rear yards above th...
Wyoming, MI
Wyoming Code Chapter 6 (Animals) does not codify a single fixed numerical cap on household dogs and cats but uses nuisance and dangerous-animal provisions to...
Side-by-side rule comparisons with other cities in Kent County.
See how other cities in Kent County handle adu impact fees.
See how Wyoming's adu impact fees rules stack up against other locations.
Quick Compare
Help us keep this page accurate. If you notice an error or outdated information, let us know.