Brian Head pauses Transportation Utility Fee; council seeks further work with resort and staff

Brian Head town officials agreed on May 12 to pause adoption of a Transportation Utility Fee (TUF) and to continue work on a modified fee structure with additional stakeholder input.

Marcus Keller of Cruze and Associates presented the TUF study, explaining the methodology (ITE trip‑generation to Equivalent Residential Units, or ERUs) and saying the study's legal maximum would generate roughly $684,000 annually (about $30 per month per ERU). Working with town staff, the recommended scenario was $12 per month per ERU, generating approximately $270,553 annually; a lower-target scenario ($100,000) with a 75% commercial discount would equate to about $6.50 per ERU.

Tom Pettigrew, general manager of Brian Head Resort, said the resort is not opposed to a well‑structured TUF but urged the council to recognize that the resort already contributes through an enhanced service business license fee (which now generates nearly $700,000 annually for shuttle service and commercial snow removal). Pettigrew asked for a brief meeting with staff before the June 9 meeting to ensure the final fee structure accounts for existing contributions and the distinct traffic impacts of State Route 143 (a UDOT highway) versus town roads.

Town Manager Bret Howser cautioned that a fee tied solely to lift tickets or a single business could entail legal risk and that Utah's statutory framework (referred to in the hearing as the "Hutchinson rule") limits municipal taxation to statutorily authorized mechanisms. Council members expressed varying views: some supported continued study and fair structuring, while others emphasized avoiding an undue business burden. The Council reached consensus to remove the TUF from the FY2027 budget as adopted and to continue working on a revised structure, potentially with a small working group including resort participation and the option to implement a TUF mid‑year if a legally durable framework can be developed.

Next steps: Staff will collaborate with stakeholders, including the resort, to refine the TUF proposal and may bring a mid‑year amendment if a consensus approach is developed.