EEP uses a fee schedule to determine how much a permit applicant must pay into the NCDENR Wetlands Trust Fund for the EEP to fulfill compensatory-mitigation requirements. Fees are based on the amounts and types of compensatory mitigation specified in the approved certifications issued by the N.C. Division of Water Quality, as well as permits or authorizations issued by the U.S. Army Corps of Engineers and the N.C. Division of Coastal Management, as applicable.

EEP is required by General Statute to annually adjust the fee schedule for streams and wetlands to account for inflation and increases in construction costs. Although the fee schedule was last adjusted for inflation on July 1, 2008, according to the Administrative Procedures Act, the fees approved by the Environmental Management Commission in Fall 2007 became effective when the N.C. General Assembly adjourned on July 18, 2008. The next adjustment for inflation will be effective July 1, 2009.

Note that payments for wetlands are calculated in increments of 0.25 acres;
thus, a requirement for 0.18 acres of wetland mitigation will be billed for
0.25 acres. There is a minimum payment of $1,000 for property management.

Application of new fees:
Applicants who elect to use the In-Lieu Fee Program will be invoiced based on the fee schedule in place on the date of the acceptance letter or the date EEP receives a complete permit package (404/401/CAMA, as applicable) from an applicant or applicant’s agent; whichever is later. Invoices issued by EEP are valid for 60 days. If an invoice is not paid within 60 days of the date printed on the invoice, subsequent invoices will reflect the fee schedule in place on the date EEP issues a new invoice.

All inquiries related to invoicing should be directed to EEP’s In-Lieu Fee Program Coordinator at 919-716-1921 or Kelly.Williams@ncmail.net. Permits may be faxed, mailed or sent by email.

Session Law 2007-438 establishes the following revised fee schedule for nutrient offset payments to EEP:

The per-pound rate in the table above is multiplied by the total number of pounds of offset required for the total area of the development for a 30-year period.

• Important Changes to EEP's In-Lieu Fee and Nutrient Offset Programs
• Inflation adjustment and the N.C. Administrative Code language establishing EEP's requirement to update its fee schedule
• In-Lieu Fee Mitigation Program
• In-Lieu Fee Request Form
• Nutrient Offset Program