The EHA Linkage Fee Exception Request is the application that City and County of Denver Planning and Development uses to document a project's request for an exception to the affordable housing linkage fee under Denver Revised Municipal Code (DRMC) Sec. 27-154; EHA stands for Expanding Housing Affordability. It applies to new construction and existing buildings alike, and it identifies the project by its Project Record LOG number, so it works as a Denver permit form rather than a standalone filing. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the official PDF is published by the city at denvergov.org.
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What is EHA Linkage Fee Exception Request – Denver, CO?
The EHA Linkage Fee Exception Request is the two-page Development Services application, issued by City and County of Denver Planning and Development, that documents a project's request for an exception to Denver's affordable housing linkage fee under DRMC Sec. 27-154.
The form is printed under the heading "Affordable Housing Linkage Fee – EHA Exception Application" and carries the revision date March 20, 2026. It has five parts: contact information, project information, use and gross floor area (GFA), the proposed exception, and a customer acknowledgement. A Staff Use Only block follows, where city staff verify the use classification and GFA against the zoning use permit or site development plan (SDP), enter the paperwork into Accela, and mark the exception approved or denied with a reason.
The linkage fee comes from the Expanding Housing Affordability ordinance (Ordinance 2022-0426), which took effect July 1, 2022. As the form's acknowledgement states, the fee is assessed alongside standard permit fees and is due in full when the building permit is issued.
This form requests an exception only. The city publishes separate forms for other requests, such as the Linkage Fee Waiver/Reduction Request and the Request for Waiver of High Impact Designation. The city's page also notes that its older application forms, such as the Affordable Housing Fee Application, may be used only for projects subject to the prior linkage fees.
Who needs to file EHA Linkage Fee Exception Request – Denver, CO?
Any project that seeks an exception to Denver's affordable housing linkage fee under DRMC Sec. 27-154 completes this application, whether it is new construction or an existing building. The person who signs acknowledges having the authority to submit the information on behalf of the project at the address entered.
The city's Expanding Housing Affordability page lists the exceptions that can be requested, including:
- a project with a pre-existing contractual agreement to provide affordable housing, or with an affordable housing obligation in its zoning;
- an affordable housing project funded through federal, state or local financial resources;
- dwelling units built by a charitable, religious or other nonprofit entity and deed-restricted for affordability, or projects built by a nonprofit to house low-income people or people experiencing homelessness;
- projects built by federal, state or local government for government or educational purposes, and structures containing educational uses;
- a structure reconstructed after involuntary demolition or destruction;
- an addition of 400 sf or less to a single-unit or duplex building, and an Accessory Dwelling Unit (ADU).
Do not use this form to ask for a reduction or waiver of the fee amount. The city page describes that as a separate request decided by the Executive Director of the Department of Housing Stability, and lists a separate Linkage Fee Waiver/Reduction Request form.
When to file EHA Linkage Fee Exception Request – Denver, CO
Exceptions must be approved before the site development plan (SDP) is approved, according to the city's Expanding Housing Affordability page, so the request belongs early in the project. The city lists most exceptions with documentation due at the time of SDP; for an addition of 400 sf or less to a single-unit or duplex building and for an Accessory Dwelling Unit, the documentation is due at the time of building permit.
The form itself prints no separate due date. It does state the payment timing that matters after the exception decision: the linkage fee applicable to the project is assessed with standard permit fees and is due in full when the building permit is issued, and no building permit is issued if the fee is unpaid. The city's page adds that linkage fees are due before building permit issuance except in cases of excavation and shoring.
Documents you need
- Documents for the exception you request, as described in Section 7 of the Administrative Rules and Regulations; the form says to attach the appropriate documents to it.
- Pre-existing contractual agreement: a copy of the recorded affordable housing plan, contractual commitment, development agreement or covenant.
- Existing zoning obligation: the number of the zoning ordinance containing the obligation, including any waivers and conditions or PUD.
- Affordable housing project funded by federal, state or local resources: evidence of application or award and/or a summary of the legally enforceable instrument(s) ensuring long-term affordability and when they become enforceable.
- Nonprofit housing exceptions: evidence of the organization's tax-exempt status, its mission statement and a project description.
- Government projects: a description of the governmental or educational purpose and proof of ownership or use through a deed or lease.
- Reconstruction after involuntary demolition or destruction: evidence such as an insurance report or a report from Denver Fire or Denver Police.
- Addition of 400 sf or less: plans showing square footage and dimensions, plus evidence the existing structure is a single- or two-unit dwelling.
- Accessory Dwelling Unit: plans showing the structure is an ADU, plus evidence that the existing structure on the lot is a primary structure.
- Structure containing educational uses: evidence it is operated by the governing board of the educational institution and a description of the program.
- Gross floor area subject to Mandatory Affordable Housing: documentation specified by DRMC Sec. 27-229 and Section 3.IV of the Rules & Regulations.
- Separate sheet with gross floor area per unit, if needed, for multi-unit dwellings receiving multiple permits (IRC townhomes).
How to fill out EHA Linkage Fee Exception Request – Denver, CO
Enter your contact information
In Section I, enter your name, phone number and email.
Enter the project address and LOG number
In Section II, write the project address and the Project Record LOG Number(s) for the project.
Select the project type
Under Project Type (Select all that apply), check New Structure, Addition to Existing Structure, Adaptive Reuse / Conversion, or more than one.
List gross floor area by use type
In Section III, enter the gross floor area, calculated per the International Building Code, next to each Use Classification Type that applies. Do not include areas used for parking.
Count only new area for additions
For an addition to an existing building, list only the floor area that will be new. Do not include the square footage of the existing structure.
Cover mixed-use and townhome projects
If the project is mixed-use, give the gross floor area for each use type. For multi-unit dwellings receiving multiple permits (IRC townhomes), give gross floor area per unit on a separate sheet if necessary.
Choose the proposed exception
In Section IV, enter the proposed exception to the linkage fee requirement per DRMC 27-154 (a) – (k) on the line provided.
Gather the supporting documents
Review Section 7 of the Administrative Rules and Regulations for the documentation required for your exception, and prepare those attachments to go with the form.
Complete the customer acknowledgement
In Section V, enter the project address, then print your name, sign and date. By signing you confirm your authority to submit on behalf of the project and the accuracy of the information.
Leave the staff block blank
The Staff Use Only section, including the exception approved or denied boxes and reason, is completed by city staff.
Review and download the completed PDF
Check the floor areas, the exception and the signature block. Download or print the completed PDF from FillingPDF, add the attachments and submit it as described under How to submit.
How to submit EHA Linkage Fee Exception Request – Denver, CO
The form names no separate submission channel, mailing address or portal. It identifies the project by its Project Record LOG number(s), and its Staff Use Only block records that staff verified the paperwork and entered it into Accela, so the request travels with the project's Denver Development Services record.
- Attachments: attach the documents required for your exception. The form directs you to Section 7 of the Administrative Rules and Regulations for the requirements of each exception category.
- Permit system: the city's page says that since July 1, 2022 all application projects are prompted in e-permits to show how they meet the Expanding Housing Affordability requirements.
- Contact: Community Planning and Development, Development Services, www.denvergov.org/DS, 201 W. Colfax Ave., Dept. 205, Denver, CO 80202, phone 720-865-2705. The city's page gives [email protected] for inquiries and asks you to include the LOG record number.
A fee applies to the project once the building permit is issued; the city's page offers a Linkage Fee Estimator and a fee schedule for current amounts. FillingPDF lets you fill out and download the PDF; submission follows the city's channels described above.
Common mistakes to avoid
- Including parking areas in the gross floor area; the form says not to include areas used for parking.
- Listing the square footage of the existing building for an addition; the form asks only for the new floor area.
- Giving a single total for a mixed-use project instead of the gross floor area for each use type.
- Leaving out per-unit gross floor area for multi-unit dwellings that receive multiple permits (IRC townhomes).
- Naming an exception in Section IV without attaching the documents that Section 7 of the Administrative Rules and Regulations requires for it.
- Seeking approval of the exception after the SDP is approved; the city's page says exceptions must be approved before SDP approval.
- Assuming an approved request settles payment: any linkage fee that applies is due in full when the building permit is issued, and no permit is issued if it is unpaid.
- Using this form to ask for a reduced or waived fee amount, which is a separate Linkage Fee Waiver/Reduction Request.
- Signing the acknowledgement without authority to submit on behalf of the project, or leaving the project address blank in it.
- Filling in the Staff Use Only block, which is reserved for city staff.
Frequently asked questions
What is the EHA Linkage Fee Exception Request?
It is the City and County of Denver application that documents a project's request for an exception to the affordable housing linkage fee under DRMC Sec. 27-154. The form is required for all projects, new construction or existing buildings, that seek such an exception.
Who has to fill out the EHA exception application?
Any project seeking an exception to the affordable housing linkage fee, whether new construction or an existing building. The signer must have authority to submit the information on behalf of the project at the address given in the acknowledgement.
What do I attach to the EHA Linkage Fee Exception Request?
Attach the documents required for the exception you choose. The form sends you to Section 7 of the Administrative Rules and Regulations for them. Examples on the city's page include a recorded affordable housing agreement, a zoning ordinance number, nonprofit tax-exempt evidence or plans for an ADU.
When must a linkage fee exception be approved?
Before the site development plan (SDP) is approved, according to the city's Expanding Housing Affordability page. Documentation for most exceptions is due at SDP; for an addition of 400 sf or less and for an ADU it is due at building permit.
When is the affordable housing linkage fee due?
The fee that applies to your project is assessed with standard permit fees and is due in full when the building permit is issued. The form states you cannot receive the permit if it is unpaid; the city's page notes an exception for excavation and shoring.
Can I use this form to ask for a fee reduction or waiver?
No. This form requests an exception. The city lists a separate Linkage Fee Waiver/Reduction Request, and its page says the Executive Director of the Department of Housing Stability may reduce or waive the fee if you show it exceeds the amount needed to mitigate demand.
What square footage do I enter on the form?
Gross floor area as calculated per the International Building Code, by use type. Exclude parking. For an addition, list only the new area, not the existing structure. Mixed-use projects list each use type; IRC townhomes need per-unit figures.
Is this form part of a Denver building permit application?
It is tied to a permit project: it asks for the Project Record LOG number(s), and staff enter the paperwork into Accela. It covers only the linkage fee exception request. For questions, call 720-865-2705 or email [email protected] with your LOG number.
Can I fill out the EHA Linkage Fee Exception Request online?
You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service, not affiliated with the City and County of Denver, and does not submit the form; you deliver it and its attachments through the city's channels.
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