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Proposed Revisions to Administrative Rule ENB-4.29

Public Notice
Environmental Services proposes revisions to Administrative Rule ENB-4.29 for Refunds of Development Review, Sewer Connection, and Lateral Repair Permit Fees and Charges. The public comment period is now closed.
Published
Updated
In this article

What is changing?

Environmental Services is expanding the scope of the rule to include policies for refunding development-related fees and charges.

Why are changes necessary?

To provide transparency with how refund decisions will be made and to ensure consistent and equitable application to our customers.

Who will this affect?

Updates will affect applicants requesting refunds for fees or charges paid to Environmental Services for:

  • System Development Charges (SDC) and Connection Charges
  • Building Plan Reviews
  • Sewer Connection (UC) and Lateral Repair (UR) Permits
  • Source Control Manual (SCM) and Stormwater Management Manual (SWMM) related application reviews
  • Land Use, Public Registry, and Early Assistance Reviews

What are the anticipated impacts?

Environmental Services anticipates minimal impacts to applicants because the changes and additions to this rule primarily formalize existing staff practices.

What will the updated rule do?

As proposed, ENB-4.29 will include additional detail regarding the decision-making criteria Environmental Services will use when considering requests to refund all or a portion of its development review, sewer connection, and lateral repair-related permit fees and charges. Specifically, rulemaking updates will:

  • Replace the existing title of ENB-4.29 to reflect the expanded scope. Proposed title will change from Refunds of Sewer Connection and Repair Permit Fees to Refunds of Development Review, Sewer Connection and Lateral Repair Permit Fees and Charges.
  • Update the applicability section of the rule to specify that the development review related fees and charges addressed in this rule include:
    • System Development Charges (SDC) and Connection Charges
    • Building Plan Reviews
    • Sewer Connection (UC) and Lateral Repair (UR) Permits
    • Source Control Manual (SCM) and Stormwater Management Manual (SWMM) related application reviews
    • Land Use, Public Registry, and Early Assistance Reviews
  • Provide refund policies under three categories:
    • Overpayment of Fees and Charges. Overpayment of fees due to an error in calculating or assessing fees by Environmental Services are refunded in full.
    • Adjustment of Fees and Charges. Changes to a project scope that affect BES fee calculations may be reassessed and the difference refunded in full. Additional provisions specific to SDCs, UR and UC Permits, and Land Use Applications are provided as sub-sections to this refund category.
    • Application Withdraw and Permit Cancellation. Refunds are available when the services covered by the fee have not begun or been performed and all associated permits have been withdrawn or canceled at the time a refund request is received. Refunds are not available for services that have begun or were completed unless otherwise specified in the specific provisions of the rule. Specific provisions related to this refund category are provided for all fees and charges associated with the services listed in the applicability section of the rule.    
  • Provide milestone-based refund policies for withdrawn land use-related applications including final plat applications and pre-application conferences.
  • Specify which development related fees and charges are not eligible for refund.
  • Specify refund requests must be made in writing to Environmental Services within six months of payment or permit issuance, whichever is later.

Review the proposed Administrative Rule ENB-4.29

Comment period is closed

Environmental Services completed the 30-day public comment period for this rule change on Wednesday, April 21, 2021.

For more information

For questions or more information, contact Glen Laube by email at bescoderule@portlandoregon.gov or by phone at 503-823-5466.