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House Bill 255 — Impact fees, government agreements

House Bill 255 — Impact fees, government agreements

Parrish Miller
March 2, 2023

Bill Description: House Bill 255 would clarify that a governmental entity does not automatically gain the right to impose impact fees by entering into an intergovernmental agreement. 

Rating: +1

Does it directly or indirectly create or increase any taxes, fees, or other assessments? Conversely, does it eliminate or reduce any taxes, fees, or other assessments?

House Bill 255 would amend Section 67-8204A, Idaho Code, to explicitly state that "governmental entities … are prohibited from entering into intergovernmental agreements for development impact fees with public agencies that do not have the authority in their own right to impose development impact fees."

This language makes it clear that a governmental entity cannot impose impact fees unless it is directly granted such authority by the Legislature. 

As with most government taxes and fees, impact fees charged to developers are largely passed on to the end consumer. This effectively creates a system of double taxation, particularly in residential development. New home buyers are forced to pay twice — once in impact fees and again in property taxes — for access to the same services those in existing developments pay for only once through their property taxes.


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