Shown below are the steps to applying for entry into the Brownfields Redevelopment Section's program.
Additional information includes:
- Process Flow Chart is a good reference to understand the process -- both what DEQ does with your application and what you will need to do later.
- Program Guidelines and Issue Resolutions is the program's guidance document that shows program policy guidance regarding common issues.
- Other guidance documents you will need at a later stage of the process are on the Guidance Documents page.
- The Tax Incentive FAQs shows the tax benefits of obtaining a brownfields agreement.
a. A Letter of Eligibility (LOE) indicating that the property is eligible for continued negotiations towards a brownfields agreement. Upon receipt of this eligibility letter, the initial statutory fee of $2,000 is due to the Section from the prospective developer. The prospective developer also needs to submit any and all environmental data it has or can obtain regarding the site.
b. A letter of deficiency indicating that the submitted application is deficient in some manner and eligibility cannot be determined at which time additional information or corrections may be requested by the Section and then corrected by the applicant prospective developer; or
c. A letter indicating that the property is ineligible for a brownfields agreement.
The Section may require additional assessment be conducted by the applicant to fill those gaps. Depending on the situation, such assessment may be required prior to completion of a draft brownfields agreement or as part of the brownfields agreement requirements.
These items could include land use restrictions, remedial actions or a combination of both. It is forwarded to the prospective developer.
The statutory ancillary documents are prepared (including a property plat, and the Notice of Intent to Redevelop a Brownfields Property) and this brownfields package noticed to the public and opened for public comment for a minimum of 30 days.
With the receipt of public comment or request for a public meeting, the Section will determine any necessary changes to the brownfields agreement and whether those changes warrant further public comment period or whether it is possible for DEQ and the applicant to execute the agreement after the appropriate changes are made.
Presently this second fee is $6,000, subject to negotiation in the brownfields agreement. Should the prospective developer choose to negotiate changes to the agreement that necessitate evaluation by the Department of Justice, additional fees shall apply.
Once implemented, brownfields agreements with Land Use Restrictions do require annual certifications (known as a Land Use Restriction Update) by the property owner that the restrictions are in place, recorded at the register of deeds, and are being complied with.