Utah Code

Utah Code § 11-36a-201 (2026)

Impact fees

✓ laws through the 2026 General Session (checked Sept. 2026)
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A local political subdivision or private entity shall ensure that any imposed impact fees comply with the requirements of this chapter.
A local political subdivision and private entity may establish impact fees only for those public facilities defined in Section 11-36a-102.
Nothing in this chapter may be construed to repeal or otherwise eliminate an impact fee in effect on the effective date of this chapter that is pledged as a source of revenues to pay bonded indebtedness that was incurred before the effective date of this chapter.

Enacted by Chapter 47, 2011 General Session

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2016–2024 · leading case: Washington Townhomes, LLC v. Washington Cnty. Water Conservancy Dist., 2016 UT 43, 388 P.3d 753.
Washington Townhomes, LLC v. Washington Cnty. Water Conservancy Dist., 2016 UT 43, 388 P.3d 753. “The plaintiffs claim that the impact fees run afoul of the Impact Fees Act, UTAH CODE §§ 11-36a-201 to -205, and amount to a taking under the Utah and United States Constitutions.”
Wash. Townhomes v. Wash.Co., 2016 UT 43. “The plaintiffs claim that the impact fees run afoul of the Impact Fees Act, UTAH CODE §§ 11-36a-201 to -205, and amount to a taking under the Utah and United States Constitutions.”
Water Conservancy Dist. v.Washington Townhomes, 2024 UT App 55, 549 P.3d 56. · cites it 2× “¶3 After the District collected and expended millions of dollars of fees, Property Owners sued the District in 2013, alleging the impact fees did not comply with Utah’s Impact Fee Act (the Act), see Utah Code §§ 11-36a-201 to -205, and sought a refund of millions of dollars for…”
Wash. Townhomes v. Wash.Co., 2016 UT 34. “The plaintiffs claim that the impact fees run afoul of the Impact Fees Act, UTAH CODE §§ 11-36a-201 to -205, and amount to a taking under the Utah and United States Constitutions.”
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