Environmental mitigation impact fees.

Checkout our iOS App for a better way to browser and research.


  • (1) the local political subdivision has formally agreed to fund a Habitat Conservation Plan to resolve conflicts with the Endangered Species Act of 1973, 16 U.S.C. Sec. 1531, et seq. or other state or federal environmental law or regulation;
  • (2) the impact fee bears a reasonable relationship to the environmental mitigation required by the Habitat Conservation Plan; and
  • (3) the legislative body of the local political subdivision adopts an ordinance or resolution:
    • (a) declaring that an impact fee is required to finance the Habitat Conservation Plan;
    • (b) establishing periodic sunset dates for the impact fee; and
    • (c) requiring the legislative body to:
      • (i) review the impact fee on those sunset dates;
      • (ii) determine whether or not the impact fee is still required to finance the Habitat Conservation Plan; and
      • (iii) affirmatively reauthorize the impact fee if the legislative body finds that the impact fee must remain in effect.




Download our app to see the most-to-date content.