Fee In-Lieu of Stormwater Management Practices

In-Lieu Fees allow developers to opt-out of stormwater management by paying the city/county a fee. Those fees become dedicated funds for stormwater projects.

About

A Fee In-Lieu of Stormwater Management Practices waives all or part of the minimum stormwater management requirements for a fee determined by the local stormwater authority. The fee can also be paid in order to provide comparable stormwater facilities downstream of the proposed development.

All fees should be based on the cubic feet of storage required for stormwater management of the development, and paid prior to issuance of building permits. The fees paid to the local stormwater authority are then dedicated to an appropriate capital improvement project.

In some cases, developers may choose or be required to grant a land easement, or dedicate land to be used for off-site stormwater management.

Consult with your municipality’s legal counsel prior to establishing a fee in-lieu program.


 Project Examples

Encinitas, CA

The City of Encinitas assesses a development fee on new residential development to cover the costs of new park facilities, park improvements, open space land acquisition, recreational trails development and community facilities. In lieu of the fees, developers of subdivisions of greater than 50 lots or units may be required to dedicate a portion of land. More Info

  Wichita, KS

The City of Wichita has adopted an off-site best management practice program for stormwater. Click here to see slideshow of program details.

More Info/Resources

Fee In Lieu (pg 11) – EPA Paper
Consult your community’s attorney and financial advisors prior to moving forward with any of these funding options. Any reference in this website to any person, or organization, or activities, products, or services related to such person or organization, or any linkages from this website to the website of another party, do not constitute or imply the endorsement, recommendation, or favoring of companies or organizations.