Current through Register Vol. 48, No. 38, September 20, 2024
a) If
a permit is required for the activity proposed and is not already permitted by
a Statewide Permit authorization (see Section
3700.80) ,
permit applicants must pay a non-refundable permit application review fee. The
fee will be determined by the Department, and the applicant shall be notified
of that determination immediately after review of the application. When
appropriate and when it is in the best interest of the State, the Department
may enter into agreements to allow other State agencies to offset the cost of
fees by providing in-kind services in lieu of cash payments. As outlined in
this subsection (a), the review fee shall be calculated based on the
determination of the base review fee, the application of an escalation
adjustment factor, and the addition of review fees from any other applicable
Parts (see subsection (a)(3)). Further processing of the application will not
be initiated until the review fee is received.
1) The base review fee will be as follows:
A) $200 for previously permitted construction
activities requiring new permit authorization in accordance with Section
3700.88
and not involving any changes from the previously permitted activity;
or
B) $500 for construction
activities that comply with the terms and conditions of a general permit (in
accordance with Section
3700.85);
or
C) $1000 for construction
activities that the Department determines will not require review of a
hydrologic and/or hydraulic analysis to demonstrate compliance with the
standards listed in Sections
3700.60,
3700.70
and
3700.75;
or
D) $2500 for construction
activities such as levees, certain bridge/culvert crossings, and major floodway
filling that the Department determines will require review of a hydrologic
and/or hydraulic analysis to demonstrate compliance with the standards listed
in Sections 3700.60, 3700.70 and 3700.75. The base review fee shall be
increased an additional $1500 for applications requiring public notice in
accordance with Section
3700.50.
2) Annual Escalation Adjustment
A) The base review fee amounts in subsection
(a)(1) shall be adjusted on July 1 each year to account for inflation. The U.S.
Bureau of Labor Statistics' Consumer Price Index Table for all urban consumers
(CPI-U), U.S. city average, all items, base period 1982-1984 = 100 (Series ID:
CUUR0000SA0) (available on the U.S. Bureau of Labor Statistics' website) shall
be used to calculate the adjustment factor. The adjustment factor shall be
directly proportional to the change in the CPI index since June 2013 and shall
be calculated according to the following formula:
|
Adjustment factor
|
=
|
CPI (May of current year)
|
|
CPI (June 2013)
|
B) The
base fee amounts in subsection (a)(1) shall be multiplied by this factor and
rounded to the nearest $10 to compute the review fee for the coming fiscal year
(July 1 through June 30). The review fee shall be capped at $5000. The dollar
amounts that result from these calculations will be posted on the Department's
website at:
www.dnr.illinois.gov.
3) Review Fee for Multiple-Regulation
Projects
If the construction activity being applied for also requires
authorization under 17 Ill. Adm. Code 3702 and/or 3704, the review fee for each
Part shall be added to calculate the total review fee. The total review fee
shall be capped at $5000.
b) Submission of Fees
1) Except when possible through electronic
fee submittal, the applicant shall submit the required fee amounts in the form
of a check or money order made payable to the Illinois Department of Natural
Resources.
2) If the review fee is
not received within 90 days after the Department's notification of the amount
of that fee, the application shall be deemed withdrawn. A new application and
review fee will need to be submitted to restart the application
process.
3) Insufficient payment or
failure of a fee payment to clear the bank it is drawn against will result in
the automatic withdrawal of the application.
4) All fees shall be deposited into the State
Boating Act Fund (see
615 ILCS 5/35
).
c) Refund of Permit
Application Fees
Except for refunding of overpayments, permit application fees
shall not be refunded. Application fees are tendered for consideration of the
application only and do not imply any promise of permit issuance by the
Department.
