D.C. Mun. Regs. r. 21-501

Current through Register Vol. 71, No. 23, June 7, 2024

Rule 21-501 - FEES

501.1

The Department shall adjust the fees in this section for inflation annually, using the Urban Consumer Price Index published by the United States Bureau of Labor Statistics. To perform this adjustment, the Department shall increase each fee by the percentage, if any, by which the Urban Consumer Price Index for June of the calendar year exceeds the Urban Consumer Price Index for June of the previous year. Each inflation adjustment shall be posted to the Department's website.

501.2

An applicant shall pay supplemental and revision review fees as follows:

(a) An applicant shall pay a supplemental review fee for each Department review after the review for the first resubmission of a plan, and the fee shall be paid before a building permit may be issued, except that a supplemental review fee for a review specified for a design phase under the Maximum Extent Practicable (MEP) process described in the Department's Stormwater Management Guidebook (SWMG) shall not be required for a project or portion of a project entirely in the existing public right-of-way (PROW); and

(b) An applicant shall pay a revision review fee for each Department review for a revised submittal after the Department's approval of a plan. The fee shall be paid following the Department's review. If the Department determines that the applicant's submittal is a new plan instead of a revision to an approved plan, the applicant shall pay an initial, final, or supplemental review fee as appropriate. A submittal is a new plan if, relative to the approved plan, it involves:

(1) Changes to the number, type, or location of stormwater management practices;

(2) Changes to the number, type, or location of Green Area Ratio landscape elements;

(3) Changes to the size or location of a project; or

(4) Other substantial changes to the project design.

501.3

An applicant for Department approval of a soil erosion and sediment control plan shall pay the fees in Table 1 for Department services at the indicated time, as applicable:

Table 1. Fees for Soil Erosion and Sediment Control Plan Review
Payment Type	Payment Requirement	Fees by Land Disturbance Type
		Residential	All Other
		[LESS THAN EQUAL TOO] 50 ft² and < 500 ft²	[LESS THAN EQUAL TOO] 50 ft² and < 5,000 ft²	[LESS THAN EQUAL TOO] 5,000 ft²
Initial	Due upon filing for building permit	$55.20	$480.26	$1,181.32
Final	Due before building	n/a		$0.17 per 100 ft²
. Clearing and grading > 5,000 ft²	permit is issued
. Excavation base fee		n/a	$480.26
. Excavation > 66 yd³		$0.11 per yd³
. Filling > 66 yd³		$0.11 per yd³
Supplemental	Due before building permit is issued	$110.40	$110.40	$1,104.04
Revision	Due upon review	$55.20	$55.20	$552.02

501.4

An applicant for Department approval of a Stormwater Management Plan (SWMP) shall pay the fees in Table 2 for Department services at the indicated time, as applicable:

Table 2. Fees for Stormwater Management Plan Review
Payment Type	Payment Requirement	Fees by Combined Area of Land Disturbance and Substantial Improvement Building Footprint
Payment Type	Payment Requirement	[LESS THAN EQUAL TOO] 5,000 ft² and [GREATER THEN EQUAL TOO] 10,000 ft²	> 10,000 ft²
Initial	Due upon filing for building permit	$3,643.32	$6,734.62
Final	Due before building permit is issued	$1,656.06	$2,649.69
Supplemental	Due before building permit is issued	$1,104.04	$2,208.07
Revision	Due upon review	$552.02	$1,104.04

501.5

An applicant for Department approval of a plan and any other person requesting the services in Table 3 shall pay the additional fees in Table 3 for Department services before issuance of a building permit, except:

(a) If a person is applying for relief from extraordinarily difficult site conditions, the person shall pay the fee upon applying for relief; and

(b) If a person is not applying for a building permit, the person shall pay before receipt of a service.

501.6

An applicant shall be required to pay the fees in Table 3 for review of a Stormwater Pollution Prevention Plan (SWPPP) only if the site is regulated under the Construction General Permit issued by Region III of the United States Environmental Protection Agency.

Table 3. Additional Fees

Review or Inspection Type	Fees by Combined Area of Land Disturbance and Substantial Improvement Building Footprint
	[GREATER THEN EQUAL TOO] 10,000 ft²	> 10,000 ft²
Soil characteristics inquiry	$165.61
Geotechnical report review	$77.28 per hour
Pre-development review meeting	No charge for first hour $77.28 per additional hour
After-hours inspection fee	$55.20 per hour
Stormwater pollution plan review	$1,214.44
Dewatering pollution reduction plan review	$1,214.44	$2,318.48
Application for relief from extraordinarily difficult site conditions	$552.02	$1,104.04

501.7

An applicant for Department approval of a SWMP for a project being conducted solely to install a Best Management Practice (BMP) or land cover for Department certification of a Stormwater Retention Credit (SRC) shall pay the fees in Table 4 for Department services at the indicated time, as applicable, except that:

(a) A person who is paying a review fee in Table 2 for a major regulated project shall not be required to pay a review fee in Table 4 for the same project; and

(b) A person who has paid each applicable fee to the Department for its review of a SWMP shall not be required to pay a review fee in Table 4 for the

same

project.

Table 4. Fees for Review of Stormwater Management Plan to Certify Stormwater Retention Credits

Payment Type	Payment Requirement	Fees by Combined Area of Land Disturbance and Substantial Improvement Building Footprint
Payment Type	Payment Requirement	[GREATER THEN EQUAL TOO] 10,000 ft²	> 10,000 ft²
Initial	Due upon filing for building permit	$634.82	$938.43
Final	Due before building permit is issued	$138.00	$220.81
Supplemental	Due before building permit is issued	$552.02
Revision	Due upon review	$276.01

501.8

A person who requires Departmental approval of an as-built SWMP for SRC certification for a BMP or land cover for which a plan review fee has not been paid to the Department shall pay each applicable fee for initial and final SWMP review in Table 4.

501.9

A person who requires the Department's review of a proposed or as-built SWMP solely for the purpose of applying for a storm water fee discount under this chapter shall not be required to pay a plan review fee to the Department for that project, except that a person who subsequently applies for SRC certification for the same project shall pay each applicable fee for initial and final plan review before the Department will consider the application for SRC certification.

501.10

An applicant for Department approval of a Green Area Ratio plan shall pay the fees in Table 5 for Department services at the indicated time:

Table 5. Fees for Review of Green Area Ratio Plan

Payment Type	Payment Requirement	Fees by Combined Area of Land Disturbance and Substantial Improvement Building Footprint
Payment Type	Payment Requirement	[GREATER THEN EQUAL TOO] 10,000 ft²	> 10,000 ft²
Initial	Due upon filing for building permit	$1214.44	$2,244.87
Final	Due before building permit is issued	$552.02	$883.23
Supplemental	For reviews after first resubmission	$368.01	$736.02
Revision	Due upon review	$184.05	$368.01

501.11

The in-lieu fee shall be three dollars and eighty-four cents ($3.86) per year for each gallon of Off-Site Retention Volume (Offv). In accordance with the court-approved consent decree, including court-approved modifications, for reducing Combined Sewer Overflows (CSOs) in the District of Columbia:

(a) In-lieu fees paid by regulated projects in drainage areas that are targeted for green infrastructure implementation under a court-approved consent decree will be used to fund construction of green infrastructure in those drainage areas; and

(b) In-lieu fees paid by regulated projects in combined sewersheds will not be used to fund projects in combined sewersheds controlled by Gray CSO Controls required by a court-approved consent decree.

501.12

The administrative late fee for an in-lieu fee payment shall be ten percent (10%) of the late payment.

501.13

A person shall pay the fees in Table 6 for the indicated resource before receipt of the printed resource:

Table 6. Fees for Printed Resources

Paper Copies of Documents	Cost
District Standards and Specifications for Soil Erosion and Sediment Control	$55.20
District Stormwater Management Guidebook	$96.51
District Erosion and Sediment Control Standard Notes and Details (24 in x 36 in)	$27.60
District Erosion and Sediment Control Manual	$46.04
District Erosion and Sediment Control Field Handbook	$27.60

501.14

If a project consists entirely of single- and two-family affordable houses, is eligible for consideration under the practicable process described in § 518.14, or satisfies less than fifty percent (50%) of the SWRv on-site as described in §§ 520.4(a)(2) or 522.5(a)(2), then the applicant for Department approval of a SWMP shall pay the reduced fees in Table 7 for Department services at the indicated time, as applicable, except that:

(a) A person who is paying a review fee in Table 2 for a major regulated project shall not be required to pay a review fee in Table 7 for the same project; and

(b) A person who has paid each applicable fee to the Department for its review of a SWMP shall not be required to pay a review fee in Table 7 for the same project:

Table 7. Reduced Fees for Stormwater Management Plan Review

Payment Type	Payment Requirement	Fees by Combined Area of Land Disturbance and Substantial Improvement Building Footprint
Payment Type	Payment Requirement	[LESS THAN EQUAL TOO] 5,000 ft² and [GREATER THEN EQUAL TOO] 10,000 ft²	> 10,000 ft²
Initial	Due upon filing for building permit	$2,732.49	$5,050.97
Final	Due before building permit is issued	$1,242.04	$1,987.27
Supplemental	Due before building permit is issued	$828.03	$1,656.06
Revision	Due upon review	$414.02	$828.03

501.15

If a person chooses to pay a fee in this chapter through an online payment platform, the Department shall increase the fee by 2.36%.

D.C. Mun. Regs. r. 21-501

Section 2 of the Soil Erosion and Sedimentation Control Act of 1977( D.C. Law 2-23; 24 DCR 792 (July 22, 1977)); as amended by 8 DCRR §8 -2:803 and 8-2:804, Health Regulations (1965 Edition); as amended by Final Rulemaking published at 36 DCR 3858 (June 2, 1989); as amended by Final Rulemaking published at 60 DCR 10640 (July 19, 2013); as Amended by Final Rulemaking published at 61 DCR 12468 (December 5, 2014); amended by Final Rulemaking published at 63 DCR 285 (1/8/2016); amended by Final Rulemaking published at 64 DCR 3794 (4/21/2017); amended by Final Rulemaking published at 67 DCR 844 (1/31/2020); amended by Final Rulemaking published at 69 DCR 1858 (3/11/2022)

Authority: Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985, as amended (D.C. Law 6-42; D.C. Official Code §§ 2-1801.01 et seq. (2007 Repl. & 2012 Supp.)); District Department of the Environment Establishment Act of 2005, §§ 101 et seq., effective February 15, 2006, as amended (D.C. Law 16-51; D.C. Official Code §§ 8-151.01 et seq. (2008 Repl. & 2012 Supp.)); National Capital Revitalization Corporation and Anacostia Waterfront Corporation Reorganization Act of 2008, effective March 26, 2008 (D.C. Law 17-138; 55 DCR 1689), as amended by the Anacostia Waterfront Environmental Standards Amendment Act of 2012, effective October 23, 2012 (D.C. Law 19-192; D.C. Official Code §§ 2-1226.31 et seq.) (2012 Supp.)); The Soil Erosion and Sedimentation Control Act of 1977, effective September 28, 1977 (D.C. Law 2-23; 24 DCR 792), as amended by the Soil Erosion and Sedimentation Control Amendment Act of 1994, effective August 26, 1994, (D.C. Law 10-166; 41 DCR 4892; 21 DCMR §§ 500 -15); Uniform Environmental Covenants Act of 2005, effective May 12, 2006, as amended (D.C. Law 16-95; D.C. Official Code §§ 8-671.01 et seq. (2008 Repl.)); Water Pollution Control Act of 1984, effective March 16, 1985, as amended (D.C. Law 5-188; D.C. Official Code §§ 8-103.01 et seq. (2008 Repl. & 2012 Supp.)); and Mayor's Order 2006-61, dated June 14, 2006, and its delegations of authority.