Submitting a Request
New, revised or re-submitted In-Lieu Fee requests for wetlands, streams and riparian-buffer mitigation are reviewed by DMS staff at weekly meetings. If an applicant chooses to request mitigation credit through the ILF Programs, applicants or their agents should complete 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 specify impact types and amounts for which DMS mitigation is needed as well as a map or site coordinates to verify project location. Most applicants need to first consult with permitting agencies to verify the type of credit needed and the availability of mitigation bank credits.
DMS staff typically meet each Tuesday afternoon to evaluate these requests. Considered in this review are the financial, temporal and technical ability of the program to satisfy the mitigation request. DMS will provide applicants with a written response as soon as possible following these weekly meetings.
Acceptance letters are valid for six months from the issue date. Applicants may request to renew 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.