530.1 The base in-lieu fee established by the Department for a purpose of this chapter shall represent the full life-cycle cost for the Department to retain one gallon (1 gal.) of stormwater for one (1) year, including the following costs:

1. (a) Project planning;
2. (b) Project design;
3. (c) Project management;
4. (d) Construction and installation;
5. (e) Operations and maintenance;
6. (f) Project financing;
7. (g) Land acquisition;
8. (h) Administration of the in-lieu fee program; and
9. (i) Legal support for the in-lieu fee program.

530.2 The Department shall adjust the in-lieu fee for inflation annually pursuant to § 501.1.

530.3 The Department may re-evaluate the costs underlying the in-lieu fee and re-base the in-lieu fee as the Department determines necessary.

530.4 The Department shall provide notice in the D.C. Register prior to re-basing the in-lieu fee.

530.5 An in-lieu fee payment shall be based on the in-lieu fee in effect at the time payment is made.

530.6 An in-lieu fee payment shall:

1. (a) Be used solely to achieve increased retention in the District of Columbia;
2. (b) Be used to achieve increased retention in the Anacostia watershed, if the payment achieves Off-Site Retention Volume for an Anacostia Waterfront Development Zone site.

(c) Be deposited in the Stormwater In-Lieu Fee Payment Special Purpose Revenue Fund, established by The 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.).

SOURCE: Final Rulemaking published at 35 DCR 21 (January 1, 1988); as amended by Final Rulemaking published at 60 DCR 10640 (July 19, 2013); as amended by Final Rulemaking published at 72 DCR 012101 (October 31, 2025).