COEUR d'ALENE - Building permit fees have changed several times in a few years at Kootenai County Community Development, the top department official confirmed this week, but not at a rate he says warrants a public hearing.

Every fee change was less than 5 percent, said Scott Clark, Community Development director,and state law only requires a hearing for more than 5 percent.

So even though multiple changes have accumulated over a few years, a hearing wasn't necessary at any individual adjustment.

"It's pretty minor changes," said Clark. "That's it."

This gets a little complicated.

To determine permit fees for all structures, the county uses a formula that calculates several factors, including a table of building valuation data published by the International Code Council.

Under a 2006 county fee resolution, Clark has been updating building and structural valuations used to determine permit fees. He sets the valuations based on local information and new building valuation data published by the ICC twice a year, according to the resolution.

"I assume the consideration that was given for that was to adjust for inflation," Clark said of setting valuations by new ICC data.

The valuation factors used to calculate permit fees changed several times between 2007 and 2010. As the factors changed, so did the fees.

For instance, the valuation factor used to figure fees for single family residences went from $91.36 in 2007 to $97.95 in 2010.

With the earlier valuation factor, the permit fee for a 1,000-square-foot house was $937.75.

With the 2010 valuation, the fee for the same sized house came to $979.75.

The valuations and fees don't always increase, Clark noted.

"They go up and they go down," Clark said of the valuations, noting that they climbed until 2009, and then descended from there.

Each time valuation factors were adjusted, Clark said, the change in permit fees never exceeded 5 percent.

So no public hearing was necessary, he said.

"I don't recall any complaints," Clark said of builders pursuing projects. "If you look at those numbers, they were on the decline for a number of years. Nobody's been complaining about decreasing fees."

The spokesperson for the North Idaho Building Contractors Association couldn't be reached for comment.

The department hasn't adjusted its building permit fees since 2010, Clark added.

"In the resolution, it says that we can use local information for consideration of the fees, and that's what we did," Clark said, pointing to consideration of the struggling housing market. "We decided to keep the prices down."

Some contend that the department isn't following state law.

Larry Spencer, a Hayden activist, argues that state law requires the commissioners to pass a resolution for every fee change, which hasn't been happening with the building permit fees.

"You can't circumvent that," Spencer said. "What they did was adjust the fees without a resolution. You can't put it on auto pilot and let the planning director decide, 'That was our hearing and we'll never give the public an opportunity to say anything about it.'"

Spencer also believes the department doesn't have authority to change the fee schedule in the county resolution.

County Commissioner Dan Green said he wasn't sure why the fees have been adjusted without resolutions.

"I know we've adopted resolutions for other fee changes. I don't know why we wouldn't do it for these, too," Green said. "I don't know what the reason is, if it's an oversight or an interpretation."

He wants to ensure everything is done appropriately, he added.

"I don't think there was any intent to mislead," Green said. "I know I'll be talking to the other commissioners on what the next step is on this."

Clark said that there is no issue with his department changing the fee schedule.

"In this resolution, it specifically directs and authorizes these valuations to be updated periodically," Clark said. "We're just following the resolution's direction."

Other jurisdictions like the city of Post Falls also adjust their building permit fees using valuations set by ICC data.

Russell Cornell, Post Falls building official, said the city has only changed its building permit fees twice in the last several years, in 2005 and 2011. Under the last fee increase, the permit cost for a 1,000-square-foot building went from roughly $461.95 to $521.45.

The city currently uses ICC building valuation data from 2008, Cornell added, because "we think it is a more accurate representation of square footage costs in our area."

The city has a hearing for any fee change, he said, regardless of amount.

"When we went to public hearing for the fees last September, they went into effect Oct. 1, nobody contested the permit fees," Cornell said. "I believe that most contractors know and are comfortable with the fees charged."