Construction Permit Fees
2026 Fee Revision
Clearinghouse Rule No. CR 24-057 revised fees for construction permit actions contained in ch. NR 410 of the Wisconsin Administrative Code. Construction permit actions include construction permits, construction permit revisions and exemption determinations. The revised fees are effective April 1, 2026.
For information about the fee revisions, see the 2026 Fee Revision FAQ near the bottom of this page.
Fees for construction permit actions vary depending on the type of permit action and level of review required. This page provides information on fees for construction permit actions that are effective April 1, 2026.
Initial Application Fees
For construction permits and revisions, other than a construction permit solely to establish emission reduction credits (ERC), an initial application fee must be submitted at the time of application. This fee is credited toward the final bill for the permit. The following table contains the initial application fees:
| Fee Description – Initial Application Fees | Amount |
|---|---|
| Construction permit | $10,000 |
| Waiver to commence construction under s. NR 406.03(2), if applicable | $300 |
| Construction permit revision | $2,500 |
Base Fees and Additional Direct Source Fees
The total fee for a construction permit or revision is equal to a base fee plus any additional fees that are applicable to the permit. These fees are billed after a final permit decision is made. If the total bill for a permit is different than the initial application fee, a refund or bill for the difference is sent to the applicant. The following tables contain the construction permit and revision base fees and additional fees:
| Fee Description – Base Fees | Amount |
|---|---|
| Construction permit revision base fee | $2,500 |
| Minor construction permit under ch. NR 406 for a non-Part 70 source | $3,600 |
| Minor construction permit under ch. NR 406 for a Part 70 major source | $9,000 |
| Major modification under ch. NR 405 or 408 (PSD or nonattainment) | $14,400 |
| Construction of a major source under ch. NR 405 or 408 (PSD or nonattainment) | $19,200 |
| Construction permit to establish a plant-wide applicability limit (PAL) | $12,000 |
| Construction permit to increase a plant-wide applicability limit (PAL) | $7,200 |
| Construction permit for the distribution of allowable limits upon expiration of a plant-wide applicability limit (PAL) | $7,200 |
| Fee Description - Additional Direct Source Fees | Amount |
|---|---|
| Analysis of multiple basic emission units - per unit for analysis of 2 or more basic units | $1,200 |
| Analysis of alternatives under s. NR 408.08(2) | $3,000 |
| Emission offset under NR 408 or netting emission increase under NR 405 | $6,000 |
| MACT, BACT, LAER (case-by-case analysis) - per unit per pollutant | $4,500 |
| Air quality modeling analysis at minor source or minor modification | $1,800 |
| Air quality modeling analysis for new major source or major modification | $5,400 |
| Toxic emission limitations established under chs. NR 446-449 or 445.07 | $1,200 |
| Emission testing - $3,000 for first air contaminant plus $1,500 for each additional air contaminant, up to a maximum of $7,200 | refer to fee description |
| Environmental Analysis under ch. NR 150 | $1,800 |
| Public hearing is held | $2,000 |
| LACT determination under s. NR 424.03(2) - per basic emissions unit | $1,200 |
| BACT or LAER under ch. NR 445 - per BACT or LAER determination | $2,400 |
| Limit on PTE to make the source/modification a minor source/modification | $4,200 |
| Siting analysis under s. 285.63(10) for medical waste incinerator | $4,200 |
| Incorporation of the requirements of a consent decree | $2,000 |
Fees for a permit to establish Emission Reduction Credits (ERCs)
For construction permits solely to establish ERCs in a nonattainment area under ch. NR 408, a fee must be submitted at the time of application. This fee represents the total cost of the permit; no additional fees are charged for this type of permit. The following table contains the fees for construction permits to establish ERCs:
| Fee Description – ERC Construction Permits | Amount |
|---|---|
| Construction permit solely to establish ERCs – Part 70 source | $7,500 |
| Construction permit solely to establish ERCs – Non-Part 70 source | $2,500 |
Fees for construction permit exemption determinations
For construction permit exemption determinations, a fee must be submitted at the time of application. This fee represents the total cost of the exemption determination; no additional fees are charged for exemptions. The following table contains the fees associated with exemption determinations:
| Fee Description – Exemptions | Amount |
|---|---|
| Controlled actual emissions exemption (s. NR 406.04(1q)) | $2,200 |
| Research and testing exemption (s. NR 406.04(1)(i)) | $2,200 |
| Exemption for modification for a source with a plant-wide applicable limit (s. NR 406.04(1f)) if no modeling is required | $1,800 |
| Exemption for modification for a source with a plant-wide applicable limit (s. NR 406.04(1f)) if modeling is required | $2,900 |
| Exemption for projects evaluated for a significant emissions increase (s. NR 406.04(1k) if no modeling required | $5,500 |
| Exemption for projects evaluated for a significant emissions increase (s. NR 406.04(1k) if modeling is required | $6,500 |
| All other construction permit exemptions under ch. NR 406 | $1,400 |
2026 Fee Revision FAQ
Why were construction permit fees changed?
Clearinghouse Rule No. CR24-057 (Board Order AM-10-23) revised fees for construction permit actions contained in ch. NR 410 to stabilize the construction permit program funding. Construction permit actions include construction permits, construction permit revisions and exemption determinations. The revenue generated by the revised fees will allow the department to address the construction permit program’s staffing levels and better meet applicants’ business needs while protecting the state’s air resources.
What changes have been made to construction permit fees?
Significant changes to the fees include:
- The construction permit initial application fee increases from $7,500 to $10,000.
- Most construction permit fees increase by 20%; some fees will increase by more or less than this amount to better reflect the workload for the activity with which the fee is associated.
- New fees are added for the following activities that were not previously charged:
- Public hearings, where the hearing was requested by someone other than the permit applicant.
- Incorporation of consent decree requirements.
- Additional direct source fees for construction permit revisions, when applicable (e.g., air dispersion modeling fee, basic emissions unit fee). Previously, such fees had applied only to construction permits. A complete list of additional direct source fees can be found above.
- A new fee structure for construction permits used solely to establish Emission Reduction Credits (ERCs) is created to reduce the cost of establishing ERCs.
When are the new fees effective?
The new fees are effective April 1, 2026. For construction permits, the rule specifies that the fees that apply are those in effect at the time the final permit decision is made. For construction permit revisions and exemptions, the rule specifies that the fees that apply are those in effect at the time the application is received.
Why was the option to request expedited review of a construction permit for an additional fee removed?
The expedited review option was removed because changes to state employee overtime rules severely limit employees' ability to work the overtime hours this fee was intended to support.
Will construction permit fees be revised in the future?
Sec. NR 410.03(5), Wis. Adm. Code, requires the DNR to revise construction permit fees every four years to reflect any non-represented general wage adjustments made by the Department of Administration in an approved state compensation plan during the prior four-year period (two state budget biennia). The first such adjustment will occur on July 1, 2030.
Where can I learn more about the rulemaking that revised construction permit fees?
Clearinghouse Rule No. CR24-057 resulted from a years-long rulemaking effort by the department to revise construction permit-related fees contained in ch. NR 410. Additional information about that rulemaking, including the reasons for it, comments received during the rulemaking process and the department's responses to those comments, is provided on the NR 410 Rulemaking webpage.