Stream, Wetland & Buffer ILF Programs

Applicants choosing to request mitigation credit through the DMS In-Lieu Fee programs must complete and sign the In-Lieu Fee Request Form (non-DOT) and submit it to the ILF Program Coordinator.  Forms should be completed as accurately as possible and indicate impact types and amounts for which DMS mitigation is needed, as well as a map or site coordinates to verify project location.  It is not necessary to include impacts mitigated through other mitigation providers on the request form.  Applicants should consult with permitting agencies to verify the type of credit needed and the availability of private mitigation bank credits. 
 

DMS staff reviews mitigation requests throughout the week.  Considered in this review are the financial, temporal, and technical ability of the program to satisfy the mitigation request.  Priority is given to requests received prior to 3PM each day, Monday-Friday. Applicants can expect a written response within two business days.  

Acceptance letters are valid for six months from the issue date. Applicants may request to renew or revise their acceptance by submitting an updated form, indicating it is a renewal of a previous acceptance, and submitting it to the ILF Program Coordinator prior to the expiration of the acceptance letter.

The acceptance letter is transmitted to permitting agencies (i.e., USACE, DWQ or DCM) by the applicant during the permit application process. The permitting agency staff determine if the use of DMS for all or part of the anticipated compensatory mitigation is acceptable during their review of an applicant's permit application or PCN materials. Some applicants use DMS as their sole mitigation provider for a given unavoidable impact, while others use DMS as part of a more complex mitigation plan. All decisions regarding mitigation requirements are made by the permitting agencies, not by DMS.

Once an applicant receives their 404/401/CAMA permits associated with their project, the applicant sends copies of the permits and associated mitigation requirements to the ILF Coordinator with a request for an invoice. It is the permittee's responsibility to send permit copies to DMS. It is important to maintain a valid, unexpired acceptance letter during the permitting process. If the acceptance letter expires prior to receipt of the permits by DMS, a new acceptance letter must be requested and approved prior to invoicing.

Applicants will be invoiced based on the rate schedule in place on the date DMS receives a complete permit package (404/401/CAMA, as applicable) from an applicant or applicant’s agent or the date of the most recent acceptance letter; whichever is later. Invoices issued by DMS are valid for 60 days. If an invoice is not paid within 60 days of the date the invoice is issued, subsequent invoices will reflect the rate schedule in place on the date DMS issues a new invoice. Please visit the Rate Schedule page for current rates and annual/quarterly rate adjustments.

Invoice extensions may be requested by contacting the In-Lieu Fee Program Coordinator. Payments based on expired invoices cannot be accepted. Permits may require payment prior to the expiration date printed on an invoice. It is the permittee's responsibility to consult with permitting agencies to extend their payment period. Permitting agencies generally require payment to be made prior to impacts to streams, wetlands or buffers.

Instructions for submitting payments are included on DMS invoices.  DMS accepts checks and ePayments. Payments can only be accepted when the required mitigation has been invoiced. Expired invoices are not eligible to be paid.  Invoice extensions are available upon request.

Once payment is received by DMS, a receipt is issued indicating that DMS is responsible for the mitigation associated with the payment and assigned to DMS in the permit(s). DMS will also sign Mitigation Responsibility Transfer Forms if required. The receipt will indicate the amount, type and location of the mitigation requirement for which DMS is responsible. It is the permittee's responsibility to comply with all other state, local and federal regulations associated with their development activity. Mitigation liability remains with the permittee until DMS receives payment, a receipt is issued, and the check clears. All payments made to DMS are subject to our refund procedures.