Water Board proposes new fee structure based on pollution risk for permits

The State Water Resources Control Board (SWRCB) is moving forward with a new fee structure for water quality certifications, aiming to better align costs with the environmental risks associated with various projects. During a stakeholder meeting on May 7, 2025, officials outlined a proposed methodology that categorizes projects into five fee tiers based on their potential impact on water quality.

The new fee structure will assign points to projects based on several factors, including the type of permit required, the nature of the impacts—permanent versus temporary—and the necessity for alternatives analysis. Projects with higher risks of pollution will incur higher fees, with Tier 1 representing the lowest risk and cost, while Tier 5 will reflect the highest risk and fees.

For instance, a project requiring a waste discharge requirement order and involving significant permanent impacts could fall into Tier 5, potentially leading to fees that could reach $50,000 per acre of impact. Conversely, projects qualifying for general orders with minimal impacts may only face a flat fee in Tier 1.

The SWRCB is currently focusing on revising fees for fill and excavation discharges, as well as low-impact discharges, while other categories such as dredging and ecological restoration will not be addressed in this round of changes. Stakeholders are encouraged to provide feedback on the proposed methodology, with a deadline for input set for May 21, 2025.

This initiative reflects the Board's commitment to ensuring that water quality management is both effective and financially sustainable, as they prepare for the implementation of these changes in the fiscal year 2026-2027. The SWRCB aims to finalize the fee calculations based on stakeholder input and budget considerations, ensuring that the new structure is both fair and reflective of the environmental risks involved.