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 Regional Permit or Statewide Permit authorization (see Section
3708.170
), 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
regulations. Further processing of the application shall not be initiated until
the review fee is received.
1) The base
review fee shall be as follows:
A) $200 for
appropriate uses that qualify for review by a delegated municipality or county
in accordance with Section
3708.90;
or
B) $200 for previously permitted
appropriate uses requiring new permit authorization in accordance with Section
3708.175
and not involving any changes from the previously permitted activity;
or
C) $500 for appropriate uses
that comply with the terms and conditions of a general permit in accordance
with Section
3708.160;
or
D) $1000 for appropriate uses
that the Department determines would not require review of a hydrologic and/or
hydraulic analysis to demonstrate compliance with the standards listed in
Section
3708.70(d);
or
E) $3000 for appropriate uses
such as certain bridge/culvert crossings, public flood control projects, and
other major floodway construction and/or changes to the regulatory floodway
that the Department determines will require review of a hydrologic and/or
hydraulic analysis to demonstrate compliance with the standards listed in
Section
3708.70(d)
and/or Section
3708.80.
The base review fee shall be increased an additional $1500 for applications
requiring public notice in accordance with Section
3708.120.
2) Annual Escalation Adjustment
A) The 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 the escalation
adjustment 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 (Rules for Construction and
Maintenance of Dams) and/or 17 Ill. Adm. Code 3704 (Regulation of Public
Waters), the review fee for each Part shall be added to calculate the total
review fee. The 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 the fee, the application shall be 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.
