DMS-refund-guidelines

Refunds of Fees Paid to DMS In-Lieu Fee Programs (rev. 12/9/2024)
Purpose: The purpose of these Terms and Conditions are to make clear the circumstances and process under which a permittee can obtain a refund while simultaneously balancing customer
service and responsible business practices. These requirements apply to all refund requests.
Terms and Conditions: Under the Terms and Conditions, DMS allows for refunds under certain conditions.
1.All refund requests must be made in writing to the DMS In-Lieu Fee Program Coordinator at
[e-mail].
2.All refund requests are subject to fund availability. DMS does not guarantee fund availability for
any request.
3.The request must either come from the entity that made the payment or from an authorized agent.
Third parties requesting refunds must provide written authorization from the entity that made the
payment specifying the name and address of the authorized refund recipient.
4.Refund requests related to unintended over-payments, typographical errors or incorrect invoices
should be brought the attention of the In-Lieu Fee Program Coordinator as soon as possible. Such
requests are typically remedied without delay.
5.Payments made under any incremental payment procedure are not eligible for refunds.
6.Refund requests made within nine months of payment to DMS will only be considered for
requests associated with projects that have been terminated or modified where the permittee’s
mitigation requirements have been reduced. Such requests must be accompanied by written
verification from the permitting agency that the project has been canceled, the permits have been
rescinded or have been modified, or the mitigation requirements have been reduced.
7.Refund requests made more than nine months from the payment date will only be considered for
permits that were terminated or modified to not require any mitigation. Such requests must be
accompanied by written verification from the permitting agency that the project has been canceled, the
permits have been rescinded and/or mitigation is no longer required.
8.Refund requests not meeting the criteria specified above are not eligible for a refund.
9.Refund requests that meet the criteria above will be elevated to DMS Senior Management for
review. The following considerations apply to all refund requests:a.availability of funds after consideration of all existing project and regulatory obligationsb.the date the payment was madec.the likelihood DMS can use the credit procured to satisfy the mitigation requirement to meet
other mitigation requirements
10.Once a refund has been approved, the refund recipient must provide a completed NC W-9 form to
the DMS In-Lieu fee Program Coordinator within two weeks in order to process the refund though the
State Controller's Office.
11.All decisions shall be final.