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You can pay In-Lieu Fee (ILF) to DOEE to comply with your Off-Site Retention Volume (Offv) requirement. However, DOEE strongly recommends that projects use Stormwater Retention Credits (SRCs) instead of paying ILF, because purchasing SRCs is much less expensive.
The ILF is adjusted for inflation annually on August 1. The current ILF price is $5.01 per gallon for one year (based on the ILF rate effective August 1, 2026). The ILF is effectively the price ceiling in the SRC market, meaning an SRC should always be cheaper than paying ILF. DOEE uses ILF payments to install and maintain green infrastructure (GI); the ILF rate reflects DOEE’s cost to provide one gallon of retention for one year with GI.
If you choose to pay ILF:
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You must submit your payment before the project's Offv compliance due date, or Final Construction Inspection if the project hasn’t finished construction yet.
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You may switch to using SRCs in later years.
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You must submit a Notification of ILF Payment through DOEE’s Surface and Groundwater System and send a check with ILF payment to DOEE at:
Regulatory Review Division/Offv
Department of Energy and Environment
1200 First Street NE, 5th Floor
Washington, DC 20002