2604.1 Any person applying for a wetland and stream permit or water quality certification shall pay the fees described in this section.

2604.2 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.

2604.3 An applicant for a permit, water quality certification, or modification of a permit or a water quality certification shall pay the appropriate nonrefundable application fee in Table 1 at the time the applicant submits the application to the Department.

Table 1. DOEE Application Fees

Wetland and Stream Permit Review and/or Water Quality Certification Review	$750.00
Minor Permit/Certification Modification (projects with impacts < 5,000 SF)	$750.00
Major Permit/Certification Modification (projects with impacts ≥ 5,000 SF)	$1,500.00
Request DOEE to perform Presence/Absence Survey	Desktop Review $50.00
Request DOEE to perform Presence/Absence Survey	Site Visit $75.00 for first hour plus $100 for each additional hour

2604.4 An applicant for a permit, water quality certification, or modification of a permit or a water quality certification shall pay the appropriate fee in Table 2 after the Department has reviewed and commented on the application but prior to the issuance of the permit or certification.

Table 2. Fees Based on Final Impact

< 5,000 SF	$1,500.00
≥ 5,000 SF to < ¼ acre	$3,000.00
≥ ¼ acre to < ½ acre	$4,500.00
≥ ½ acre to < ¾ acre	$6,000.00
≥ ¾ acre to < 1 acre	$7,500.00
≥ 1 acre	$9,000.00

2604.5 An applicant for a permit, water quality certification, or modification of a permit or a water quality certification shall pay any appropriate additional fees in Table 3 shall be paid after the Department has reviewed and commented on the application but prior to the issuance of the permit or certification.

Table 3. Additional Fees

Permittee-Responsible Mitigation Plan Review	$1,580.00
Permittee-Responsible Mitigation Site Inspection/Monitoring for Impacts to PEM1 /PSS2 Wetlands and/or Streams	$3,950.00
Permittee-Responsible Mitigation Site Inspection/Monitoring for Impacts to PFO3 Wetlands	$6,900.00
Contaminated soil, sediment, groundwater, or surface water within project site	$1,300.00

¹PEM - Palustrine emergent wetland

²PSS – Palustrine scrub shrub wetland

³PFO – Palustrine forested wetland

SOURCE: Final Rulemaking published at 68 DCR 5254 (May 14, 2021).