Practice Areas


Development Impact Fees

"Development impact fees" are one-time charges levied upon new development when building permits are issued and are used by local governments to fund capital improvements required to serve the new development. To meet constitutional (i.e., the Nolan and Dolan U.S. Supreme Court rulings) and statutory requirements (e.g., California's AB 1600), the amount of a given fee must be determined by a formula that is consistently applied and based upon a proportional distribution of costs following "rational nexus" principles. Rational nexus means that a direct relationship exists between the fee charged to new development and the demonstrable need for public improvements and that the fee is proportional to benefits or impacts caused by new development.

EPS prepares rigorous technical analyses for local jurisdictions that demonstrate the required rational nexus of a proposed impact fee to new development. The range of specific assignments includes:

REPRESENTATIVE PROJECTS:

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