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Cost, construction type, and the labor package — Wyoming

Phase 6 of 11

"WCDA doesn't publish one flat Total Development Cost cap -- it publishes three separate per-unit dollar tables, plus a Builder's Profit/Overhead/General Requirements cap and a developer-fee formula that only seems to carry a hard dollar ceiling on the 9% side. And Wyoming actually has its own state prevailing-wage law with a real dollar threshold -- does that reach an ordinary privately owned LIHTC job, or is federal Davis-Bacon through HOME/NHTF still the only wage rule that matters here?"

Not yet coveredThe per-unit cost tables, contractor and developer fee caps, and minimum rehabilitation expenditure are tested at Application and re-tested through the 10% Test/Carryover package and Final Application (cost certification); the developer fee is frozen at the amount originally requested and approved and cannot increase for cost overruns at any later stage.

Three separate per-unit dollar ceilings, not one Total Development Cost cap

WCDA does not publish a single Total Development Cost limit. Attachment A of the 2027 AHAP instead sets three distinct per-unit dollar tables that serve three different purposes -- a general underwriting cap on total project cost, a separate and lower cap on how much HOME/NHTF subsidy can go into any one unit, and a third, independently sized cap on eligible basis used to calculate the tax credit itself. All three vary by bedroom count, and two of the three also vary by whether the project has 24 units or fewer versus 25 units or more.

Total Per-Unit Project Cost limits (Attachment A.E)
Bedrooms24 units or fewer25 units or more
0$222,600$212,625
1$252,000$240,450
2$282,450$276,150
3$325,500$302,400
4+$371,700$353,325

Projects may request a case-by-case additional cost allowance for a 24-hour tenant-accessible community room, evaluated on the amenities, size, and scale provided.

Maximum HOME/NHTF Subsidy Per Unit (Attachment A.F), and Tax Credit Total Per-Unit Eligible Basis (Attachment A.G, 24-units-or-fewer tier)
BedroomsMax HOME/NHTF subsidy per unitTax credit eligible basis per unit (≤24 units)
0$187,658$201,075
1$215,122$227,850
2$261,595$253,050
3$338,419$293,370
4$371,477$333,900

The 25-units-or-more eligible-basis tier runs from $190,575 (0BR) to $317,625 (4BR). Note how close the 4-bedroom HOME/NHTF subsidy cap ($371,477) sits to the 4-bedroom Total Project Cost cap for a smaller project ($371,700) -- at that bedroom count, HOME/NHTF dollars alone could in principle fund nearly the entire allowed per-unit cost.

Developer and builder fees: a hard dollar ceiling on 9% deals that the 4% Bond section doesn't repeat

The general Developer & Builder Fees rule reads: "Developer fees will be limited to no more than 15% of development costs up to a maximum of $1,000,000.00 on 9% LIHTC Applications," with development costs defined narrowly (total project costs minus acquisition costs, off-site improvement costs, developer's fees, syndication costs, reserves, and consultant fees). The separate 4% Bond Awards section restates only the percentage -- "Developer fees will be limited to no more than 15% of net development costs" -- without repeating the $1,000,000 ceiling. Whether that omission means a 4% Non-Competitive Bond deal is genuinely uncapped in dollar terms, or whether the $1,000,000 figure is simply assumed to carry over, is not resolved by the text itself; confirm directly with WCDA before assuming either reading for a large 4% Bond deal.

Developer fee on acquisition costs (acquisition/rehabilitation and rehabilitation projects) -- a separate sliding scale
Project sizeFee on acquisition costs
≤12 units15%
13-24 units10%
25-36 units5%
>36 units2.5%

WCDA may give special consideration for project size, characteristics, or location. This scale applies only to the acquisition-cost portion of the fee; the general 15%/$1,000,000 rule (9%) or 15% rule (4% Bond) governs the rest of the fee.

≤6% of construction costsBuilder's Profit
≤2% of construction costsBuilder's Overhead
≤6% of construction costsGeneral Requirements/Conditions

Rehabilitation carries its own hard-cost floor, capped at 30% for cosmetic work

Rehabilitation projects must spend at least $30,000 per unit in actual hard costs on Life, Safety, Health, or Code Requirements items -- electrical, heating, roofing, foundation/structural, and major energy upgrades -- and that $30,000 figure specifically excludes General Requirements, Contractor Overhead, or Profit from the count. On the other side of the ledger, no more than 30% of total rehabilitation costs may go toward general property improvements that are not Life, Safety, Health, or Code items -- capping how much of a rehab budget can go to purely cosmetic work regardless of how large the $30,000 floor is exceeded.

Green building and energy efficiency: a scoring incentive, not a mandatory Threshold item

Unlike agencies that make a green-building certification a Threshold pass/fail requirement, Wyoming scores construction and energy-efficiency features under a competitive category -- Quality of Construction, "Construction/Energy Efficiency Standards Exceeded," worth up to 65 points -- rather than mandating them outright. Points are itemized: walk-up or townhome-style unit design (10 points), roofing with a warranty exceeding 30 years (5), siding with a warranty exceeding 30 years (5), windows at or below a .3 U-value (5), Energy Star lighting throughout (5), motion-controlled exterior lighting (5), Energy Star-rated appliances (5), ceiling fans (5), and up to 20 additional points for a formal certification -- 10 points for Energy Star Certification, 10 points for a HERS Rating at or below 100. Documentation of specs and/or products must accompany the application to receive any of these points.

This research did not find a mandatory statewide energy code, cold-climate construction standard, or required green-building certification anywhere in the AHAP's own text -- ordinary state and local building and energy codes would still apply as a baseline outside of WCDA's scoring incentives, and that baseline should be confirmed with the relevant local jurisdiction rather than assumed from the AHAP. A document WCDA itself hosts at its own domain, titled "Design Standards Manual for New Construction and Rehabilitation," cannot be used as a Wyoming source at all: its own text identifies it as the Arkansas Development Finance Authority's manual, referencing "ADFA," the "State of Arkansas," and an "ADFA Board Approved Date" of August 15, 2024. This appears to be a publishing mix-up on WCDA's website rather than an actual Wyoming design standard, and none of that document's figures (insulation R-values, mandatory Energy Star requirements, or anything else in it) should be treated as a Wyoming requirement.

Labor: Wyoming does have a state prevailing-wage law, but its own terms may not reach a private LIHTC job

Checked directly against the U.S. Department of Labor's own state prevailing-wage table rather than assumed from reputation: Wyoming is listed with a $100,000 contract-coverage threshold, and Wyoming is notably absent from DOL's own list of the 24 states with no state prevailing wage law at all (a list that does include several other states already documented in this library). Wyoming's law is the Wyoming Prevailing Wage Act of 1967, codified at W.S. 27-4-401 through 27-4-413, and it is still an active statute -- not a repealed one.

The Act's own definitions, however, are narrow. "Public works" "means all fixed works constructed for public use, whether or not done under public supervision or direction, or paid for wholly or in part out of public funds"; "public body" "means the state of Wyoming or any officer, board or commission of the state" -- a definition that does not on its face extend to cities, counties, or independent local authorities, let alone a privately owned rental development. Coverage under W.S. 27-4-403 attaches to workmen "employed by or on behalf of any public body engaged in the construction of public works," and the "construction" trigger applies to a public improvement "fairly estimated to cost" the statutory threshold or more. That threshold has moved over time -- from $5,000 in 1967, to $25,000 by 1979 -- and the current, DOL-confirmed figure is $100,000; an older, still-circulating compiled copy of the statute's text shows the superseded $25,000 figure, so a citation search can easily surface the wrong number.

This research found no provision in the Wyoming Prevailing Wage Act, the AHAP, or WCDA's compliance materials that extends the Act's own "public works"/"public body" coverage to an ordinary privately owned, privately contracted LIHTC rental development -- even one financed with WCDA (a state instrumentality) tax credits, HOME, or NHTF funds. That is a reasoned reading of the statute's own text, not a confirmed administrative position; confirm directly with WCDA or the Wyoming Department of Workforce Services' Labor Standards office before assuming Wyoming's own prevailing-wage law does, or does not, reach a specific deal.

Two independent federal Davis-Bacon triggers, distinct from Wyoming's own prevailing-wage law
Funding sourceTriggerCitation
HOME12 or more HOME-assisted units in a single construction contract24 CFR §92.354
NHTF12 or more NHTF-assisted units12 U.S.C. §4568

The AHAP's own text for both HOME and NHTF projects says only that "The Developer is expected to comply with all Federal Cross-Cutting requirements, including Davis-Bacon and any Labor Laws when/if they apply" -- it does not restate the 12-unit trigger itself, so the actual threshold has to be confirmed against the federal source, not the AHAP. Once triggered, Davis-Bacon reaches the whole construction contract, not just the assisted units, and applies independently of whether Wyoming's own prevailing-wage law applies to the same job.

Where this goes wrong

  • Looking for one flat WCDA Total Development Cost cap -- there isn't one; there are three separate per-unit dollar tables (Total Project Cost, Maximum HOME/NHTF Subsidy, Tax Credit Eligible Basis), each varying by bedroom count and, for two of the three, by a 24-units-or-fewer versus 25-units-or-more project-size tier.
  • Assuming the 9% developer fee's $1,000,000 hard-dollar ceiling also caps a 4% Non-Competitive Bond deal -- the AHAP's 4% Bond Awards section repeats only the 15% figure and does not restate a matching dollar ceiling; confirm directly with WCDA rather than assume either a cap or no cap for a large 4% deal.
  • Applying the general 15% developer-fee percentage to the acquisition-cost portion of an acquisition/rehabilitation or rehabilitation deal -- acquisition costs run on a separate, unit-count-keyed sliding scale (15%/10%/5%/2.5%) that drops well below 15% for anything over 12 units.
  • Treating Builder's Profit, Overhead, and General Requirements as one combined cap -- they are three separate caps (6%/2%/6% of construction costs) that together can reach 14%.
  • Missing that the $30,000-per-unit rehabilitation hard-cost floor excludes General Requirements, Contractor Overhead, and Profit from its own count, and that no more than 30% of total rehab cost may go to non-Life/Safety/Health/Code general property improvements.
  • Treating Wyoming's Quality of Construction green-building points (up to 65) as a mandatory Threshold requirement -- nothing in the AHAP makes them mandatory; they are competitive scoring only, and this research found no separate mandatory statewide energy code or cold-climate construction standard in WCDA's own materials.
  • Relying on the PDF titled "Design Standards Manual for New Construction and Rehabilitation" hosted on WCDA's own website as a Wyoming source -- its own text identifies it as the Arkansas Development Finance Authority's manual (references to "ADFA," the "State of Arkansas," and an August 15, 2024 ADFA Board approval date); none of its figures should be treated as Wyoming requirements.
  • Assuming Wyoming has no state prevailing-wage law because a general search summary says so -- Wyoming does have one (the Wyoming Prevailing Wage Act of 1967, W.S. §§27-4-401 to -413), confirmed directly against the U.S. DOL's own prevailing-wage table, which lists a current $100,000 contract threshold for the state.
  • Citing an older, still-circulating compiled copy of the Wyoming Prevailing Wage Act that shows a $25,000 "construction" threshold -- that figure is superseded; the current, DOL-confirmed threshold is $100,000.
  • Assuming the Wyoming Prevailing Wage Act reaches an ordinary privately owned LIHTC development simply because WCDA (a state instrumentality) financed it -- the Act's own definitions confine "public works" to fixed works built for public use and "public body" to the state of Wyoming or a state officer/board/commission; no provision was found extending it to privately owned, privately contracted LIHTC construction, and this should be confirmed directly with WCDA or Wyoming DWS Labor Standards rather than assumed either way.
  • Treating the AHAP's generic "Davis-Bacon...when/if they apply" language as self-explanatory -- the actual unit-count triggers live in the federal sources themselves (24 CFR §92.354 for HOME, 12 U.S.C. §4568 for NHTF), not in the AHAP, and both apply independently of whether Wyoming's own prevailing-wage law reaches the same job.

At a glance

Cost limit structure
Three separate per-unit dollar tables (Total Project Cost; Max HOME/NHTF Subsidy; Tax Credit Eligible Basis), each by bedroom count, and two of the three also by a ≤24-units vs. ≥25-units tier
Total Per-Unit Project Cost range
$212,625-$371,700 (0BR-4BR, by size tier)
Max HOME/NHTF Subsidy Per Unit range
$187,658-$371,477 (0BR-4BR)
Tax Credit Total Per-Unit Eligible Basis range
$190,575-$333,900 (0BR-4BR, by size tier)
Developer fee, 9% Credits
≤15% of defined development costs, capped at $1,000,000
Developer fee, 4% Non-Competitive Bond
≤15% of net development costs; no dollar ceiling restated in that section -- confirm with WCDA
Developer fee on acquisition costs (acq/rehab, rehab)
Sliding scale: 15% (≤12 units) / 10% (13-24) / 5% (25-36) / 2.5% (>36)
Builder's Profit / Overhead / General Requirements
≤6% / ≤2% / ≤6% of construction costs -- three separate caps, up to 14% combined
Minimum rehabilitation expenditure
$30,000/unit in Life/Safety/Health/Code hard costs; ≤30% of rehab cost may go to non-Life/Safety/Health/Code general property improvements
Green building / energy efficiency
Scored only, under Quality of Construction (max 65 points); no mandatory Threshold-level green/energy-code requirement found in the AHAP
"Design Standards Manual" hosted at wyomingcda.com
Internally identifies itself as the Arkansas Development Finance Authority's manual -- not usable as a Wyoming source
Wyoming state prevailing wage law
Wyoming Prevailing Wage Act of 1967, W.S. §§27-4-401 to -413; current threshold $100,000 per U.S. DOL; Wyoming is NOT on DOL's list of 24 no-prevailing-wage-law states
WPWA scope
"Public works" = fixed works built for public use; "public body" = the state of Wyoming or a state officer/board/commission only; no provision found extending it to privately owned LIHTC construction
Federal HOME Davis-Bacon trigger
12 or more HOME-assisted units, 24 CFR §92.354
Federal NHTF Davis-Bacon trigger
12 or more NHTF-assisted units, 12 U.S.C. §4568

Governing authority

  • Per-unit cost tables (Total Project Cost, Max HOME/NHTF Subsidy, Tax Credit Eligible Basis)WCDA, 2027 Affordable Housing Allocation Plan, Attachment A, Sections E-G
  • Developer and Builder fee capsWCDA, 2027 AHAP, Section V.E, Allocation Restrictions and Provisions, "Developer & Builder Fees"
  • 4% Bond developer fee languageWCDA, 2027 AHAP, Section V.F, 4% Bond Awards, item 4
  • Minimum rehabilitation expenditureWCDA, 2027 AHAP, Section V.E, Allocation Restrictions and Provisions, "Minimum Rehabilitation Expenditures"
  • Quality of Construction / green building scoringWCDA, 2027 AHAP, Section V.C, Scoring Allocation Criteria, Quality of Construction
  • "Design Standards Manual" document mismatchPDF hosted at wyomingcda.com/wp-content/uploads/2025/09/Final-Design-Manual-final.pdf, whose own text identifies it as an Arkansas Development Finance Authority document (ADFA Board Approved Date August 15, 2024)
  • Wyoming's state prevailing wage thresholdU.S. Department of Labor, Wage and Hour Division, State Prevailing Wage Laws / Dollar Threshold Amount for Contract Coverage (dol.gov/agencies/whd/state/prevailing-wages)
  • Wyoming Prevailing Wage Act text and definitionsWyoming Statutes §§27-4-401 through 27-4-413 (Prevailing Wages)
  • Federal HOME Davis-Bacon trigger24 C.F.R. §92.354
  • Federal NHTF Davis-Bacon trigger12 U.S.C. §4568
  • AHAP's own Davis-Bacon cross-referenceWCDA, 2027 AHAP, Section III.A (HOME) and Section IV.A (NHTF)

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