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.
Quick Facts
Community Mission When implementing a fee in-lieu program, be sure to show the community how this fee
helps meet the community’s mission
Benefits of a Fee In-Lieu Program Dedicated funds for stormwater projects
Drawbacks of a Fee In-Lieu Program Developing the fee structure and implementation can be a major under-taking
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.
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
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