Commissioner Carman questions legality of new 1% fee on real estate transactions

May 19, 2025 | Teton County, Wyoming


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Commissioner Carman questions legality of new 1% fee on real estate transactions
Teton County officials are navigating complex discussions regarding development regulations and funding mechanisms during their recent voucher meeting on May 19, 2025. A significant point of contention arose around the proposal to impose a 1% fee on free market real estate transactions within a master site plan, aimed at funding community improvements, including affordable housing.

Commissioner Carman expressed concerns about the legality and authority of such a fee, noting that it does not currently exist in the county's Land Development Regulations (LDRs). He emphasized the importance of adhering to established processes for exactions and the potential implications of creating new regulations without proper authority. The discussion highlighted the need for clarity on whether the proposed fee would ensure compliance with existing regulations or inadvertently alter them.

The meeting also touched on the broader implications of funding improvements along High School Road, with Commissioner Carman questioning the appropriateness of using the proposed fee in conjunction with an existing impact fee system. He suggested that while developers could voluntarily contribute to affordable housing initiatives, imposing a mandatory fee might not be feasible or legally sound.

As Teton County continues to address housing and development challenges, the outcome of these discussions will play a crucial role in shaping future policies and funding strategies. The commissioners plan to revisit these topics, ensuring that any decisions made align with the county's regulatory framework and community needs.

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