Frequently-asked questions about the Mitigation Payment System (MPS)

1. Is the MPS Program required by law?
2. Who must pay MPS fees?
3. Are there exemptions from the MPS?
4. How are MPS fees calculated?
5. What are the fees?
6. Are any credits applied to MPS fees?
7. How will the money collected from MPS fees be used?
8. When do I pay the MPS fee?
9. Can the MPS fee be reconsidered?
10. What if I do not agree with the department's decision?
11. Who does King County have interlocal agreements with for MPS?
12. Where can I go for more information?
13. How do I file a Fee Reconsideration Request?

1. Is the MPS program required by law?

The MPS program is authorized by 82.02.050 RCW and required by King County Code 14.65 and 14.75.

2. Who must pay MPS fees?

Any person who engages in development activity in unincorporated King County and those incorporated areas the County has an MPS interlocal agreement with, will be assessed MPS fees when they meet both of the following conditions:

1. They apply for a development permit to construct, expand or complete a new building or structure.
2. The proposed development results in an increase in the number of p.m. peak vehicle trips.

3. Are there exemptions from MPS?

• Low and moderate income housing
• Public schools

Contact Allan Johnson at 206-205-6482 for information on exemptions from MPS Fee requirements.

4. How are MPS fees calculated?

5. What are the fees?

Single-family residential development fees
Residential fees are pre-calculated and reflect an average fee for similar development in the same zone.

See question #12 below for zone determination information.

View the Residential Fee Schedule.

Multi-family development fees
For multi-family residential developments, the MPS fee is calculated by multiplying the single-family residential fee by a factor of 0.6 (six-tenths) times the number of multifamily units to be developed.

Commercial development fees
MPS fees for commercial projects vary according to the size of the proposal, the use and the location.

Administrative fees
In addition to the MPS fee itself, there is a non-refundable administrative charge of $60 per dwelling unit. There is a non-refundable administrative charge of $320 to cover the cost of running the transportation model for each commercial application. If the applicant changes the scope of the project, after the fee has been calculated, it may require an additional model run.

The MPS impact fee will be the fee based on the schedule in effect at the time of development permit application.

6. Are any credits applied to MPS fees?

Yes, all MPS fees are reduced to reflect a two percent (2%) property tax credit and a fifteen percent (15%) credit in recognition that some of the trips from a proposed development may begin in a development subject to MPS fees and may end in another development also subject to MPS fees.

Other types of credits include a change in use resulting in an actual reduction of vehicle trips generated by the proposal.

Credit is also given to developers for the value of any land dedicated to specific impacted MPS road projects or when MPS road project improvements are paid for by the developer.

7. How will the money collected from MPS fees be used?

Money collected from MPS fees are combined with other public funds and are used to pay for the design, right-of-way acquisition, and construction of projects included on the MPS Road Project List. The MPS Project List is adopted by the King County Council and is a list of road improvements, which add needed capacity to the transportation system network.

MPS fees for any single development include proportional shares for impacts to many projects. Funds may be pooled from some road projects and used for other projects impacted by traffic to and from the same zone. This allows the county to pay for projects that are currently being constructed.

8. When do I pay the MPS fee?

Residential:
MPS administrative fees are due at the permit issuance or recording stage. MPS impact fees are due when the building permit is issued. For subdivisions, short plats and master planned developments, a developer may choose to pay the MPS fees at time of final plat recording or at the building permit stage. All fees are paid at the Department of Development and Environmental Services (DDES).

Commercial:
MPS fees for commercial permits are due when the building permit is issued. All fees are paid at the Department of Development and Environmental Services.

9. Can the MPS fee be reconsidered?

Yes, an applicant can file a reconsideration request with the King County Department of Transportation if they do not agree with the MPS fee assessed for a proposed development. King County staff will review the application for the following:

1. Changes in the development proposal, from original application.
2. Possible erroneous information.
3. Information from a special study or report not originally included with the application.
4. Special circumstances not originally included with the application.

After reviewing the applicant's reconsideration request, the King County Department of Transportation will recommend one of the following:

1. Deny the request
2. Make an adjustment in the original fee based on new information.

10. What if I do not agree with the department's decision?

An applicant can file an appeal if they do not agree with the department's decision. The applicant must submit a request for appeal within 10 days of the department's final decision to the King County Hearing Examiner for final resolution.

11. Who Does King County Have Interlocal Agreements with for MPS?

King County has Interlocal MPS Agreements with the City of Newcastle, City of Redmond and City of Issaquah.

12. Where can I go for more information?

For more information about the Mitigation Payment System Program, contact Jeff Lee, Transportation Planner, at (206) 263-4759.

To determine what your MPS fee is for a residential proposal, contact the Department of Development and Environmental Services, Building Services Division at 206-296-6600.

You can access Department of Development and Environmental Services property research using the Parcel Locators (Interactive Mapping & Property Information) application to determine which zone your development is in. (Note: You will want to go to the advanced users site, enter a parcel number, address or intersection, then click on the districts button to see which MPS zone your development is in.)

13. How do I file a Fee Reconsideration Request?

Please complete the MPS Fee Reconsideration Request form (148K .pdf file) and attach a copy of any additional transportation studies (if available). Mail your MPS Fee Reconsideration Request to:

Questions and answers about the Fee Reconsideration Request process:

What happens after I send in my request?

King County Staff reviews the application for the following:

1. Changes in the development proposal between the initial MPS fee determination process and the time the appeal was submitted.
2. Possible erroneous information.
3. Information from a special study or report not originally included with the application.
4. Special circumstances which were not presented in the original application.

What if I still disagree with the Fee Reconsideration Request decision?

You may appeal the to the King County Hearing Examiner within 10 days of receiving the Department's decision. The Hearing Examiner will schedule a public hearing. At the hearing each side will have the opportunity to present their case. After the hearing, the Hearing Examiner will weigh all the evidence given and make a decision on the appeal.

What if I still have questions about my Fee Reconsideration Request?

You may contact Jeff Lee of the Road Services Division at (206) 263-4759.

For further information, please contact:
Jeff Lee, Transportation Planner
King County Department of Transportation
Road Services Division
201 South Jackson Street MS KSC-TR-0317
Seattle, WA 98104-3856
206-263-4759

Updated: Dec. 4, 2007