• Rep. previously implored town and county officials to reform housing fees.

By Jasmine Hall
Jackson Hole News&Guide
Via- Wyoming News Exchange

JACKSON — After recommending Teton County officials exempt more residential homes from fees that support affordable housing, Rep. Andrew Byron, R-Jackson, took a harder stance against the fees Monday night.

In a room full of housing advocates and other community members, the Hoback Republican stood by his vote to ban housing mitigation fees during the recent tumultuous legislative session, saying the fees are “barriers” to people staying in the community.

“I just don’t think this is the right tool to help fund affordable housing,” he said.

In the past, Byron has worked with local officials to develop legislation that would limit the fees rather than outright ban them, while also protecting the fees in state law. He remains open to reconsidering that idea.

But he thinks the writing is on the wall for removal of housing mitigation fees as lawmakers in other communities have made multiple attempts to stop local governments from implementing similar policies.

Byron and Reps. Mike Yin and Liz Storer, D-Jackson, attended a nonpartisan “Legislative Lookback” event hosted Monday night by Shelter JH and the Teton County Democratic Party. More than 60 people gathered at St. John’s Episcopal Church. Organizers and attendees had the opportunity to ask the Teton County delegation about their experience in Cheyenne this session, laws that were passed and issues that might have gone unaddressed.

Over the course of an hour and a half, the legislators covered a lot of ground, including campaign finance reform, electric vehicle infrastructure, renewable energy, public education and property tax revenues. But housing was top of mind.

Jackson and Teton County charge mitigation fees to commercial developers and some residential property owners building new homes, offsetting the impact of their development on the community’s housing stock.

Supporters argue the fees help house workers needed to build and maintain new development, particularly second homes. Opponents say they’re an infringement on private property rights, too expensive and unconstitutional.

The fees have helped the town and county build hundreds of homes but have increasingly faced criticism from lawmakers and community members.

This legislative session, a Wyoming Freedom Caucus leader sponsored legislation to ban housing mitigation fees across the state. The bill didn’t survive the Senate because of its perceived connection to a check-passing controversy that dominated the budget session.

In Cheyenne, Teton County’s representatives in the Wyoming House split down party lines on House Bill 141. They remained divided at Monday’s town hall.

Yin was the first to answer a question about housing mitigation fees and how government could “strengthen or clarify regulations to protect it.” He sees them as one way for local governments to address their housing problems.

Yin said the fees are “responsive” to voters because, if Jackson and Teton County residents don’t like them, they can vote out officials who implement the regulations.

Byron addressed the elephant in the room. He’s the only Republican in Teton County’s House delegation, and he voted for House Bill 141 and against the fees, catching flak from some Teton County residents.

It’s no secret that two of us voted one way and one of us voted the other way on this, now twice,” Byron said.

Byron, however, said his constituents asked him to vote to ban mitigation fees. House District 22 consists of voters in Teton and Lincoln counties, including Shelby and Trey Scharp, residents in Hoback who recently settled a lawsuit with Teton County over roughly $24,000 in mitigation fees.

Byron said the fees prevent residents from going “vertical in any way, shape or form” on their properties. In Teton County, mitigation fees go into effect after a building is more than 2,500 square feet. In the Town of Jackson, he said the threshold is zero square feet.

Though Byron said he’s opposed to the fees altogether, he added that he appreciates Teton County commissioners’ decision to consider tweaking their regulations.

Storer didn’t answer the question, and instead asked Byron whether he would support mitigation fees solely for commercial developments, rather than residential and commercial property.

Byron joked that he didn’t think her question was in line with the “format” of the event, garnering a chuckle from members of the crowd. He didn’t answer the question directly. Instead, Byron said he would consider supporting other options for affordable housing, like specific purpose excise tax, or SPET, projects approved by voters.

In the future, he expects another bill banning mitigation fees to return.

“It passed the House with an 82% aye vote,” he said, referring to HB 141. “I think that it’s obvious where this is probably going.”

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