County staff propose higher stormwater fees, new BMP and petition fees to cover review costs

Kane County environmental staff on Aug. 19 proposed revisions to the stormwater permit fee schedule that would raise some charges and add several new fees to better reflect staff time and program costs. Jody Wallnick, water-resources staff, told the Development Committee the county updated the 2019 fee study and recalculated current staff hourly costs (including benefits and overhead) — rising from about $68 per hour in 2019 to roughly $85 per hour now — and used that to estimate review costs for different permit types. “Over the last 5 years, we’ve gathered that data and are proposing a $5 per cubic-foot fee for the BMP,” Wallnick said, referring to best-management practices used in stormwater control. “We are also suggesting that we separate building-related fees for larger accessory structures: $50 for smaller sheds or pools under 600 square feet and $100 for larger structures.” Wallnick said staff also proposes a $250 residential/$500 nonresidential zoning-petition fee to recoup upfront staff time spent on petitions (staff meetings, stipulation drafting and reviews). She said the department receives many petitions — for example, several recent commercial solar petitions — that require significant staff engagement before hearings and permitting. The packet notes the department currently charges a $90,000-per-acre-foot “fee in lieu” for detention in certain cases; Wallnick said the department also now proposes a specific BMP fee based on actual project costs and adjacent-county comparisons. On enforcement, staff proposed retaining the existing $500 daily violation assessment included in the stormwater ordinance and adding a stand-alone $500 administrative fee to help recover staff time for responding to and processing violations. County counsel at the meeting said adjudication and court actions can lead to much larger fines if violations persist. Wallnick and Building and Zoning Director Mark Van Kerkhoff said they will refine the draft and return with a finalized proposal in September, with a suggested effective date of Jan. 1, 2026, to align with the department’s proposed building-fee changes. The committee did not take final action; staff asked committee members for comments and said the revisions will return for approval next month.