2026 Fee Updates for WI Air Permits

Environmental Consulting

March 23, 2026

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Overview of Air Permit Fee Increases

The Wisconsin Department of Natural Resources (WDNR) has finalized revisions to its air permit fee structure, which become effective on April 1, 2026. These changes will impact businesses applying for construction permits. The WDNR stated that the updates are intended to better align permitting fees with the actual cost of regulatory oversight and compliance enforcement. The adjustments are part of a broader effort by the WDNR to maintain program efficiency, support increased staffing needs, and meet evolving federal environmental requirements. This article outlines the final changes and discusses what regulated entities in Wisconsin should expect moving forward.

Construction Permit Fee Updates

Businesses constructing or modifying emission units will be affected by the updated construction permit fees. Under the final rule the Initial Application Fee has been increased from $7,500 to $10,000, due at the time of application submittal. Outlined below are updates to the more common additional permit fees facilities would be billed upon final permit decision.

Fee Description	Current Fee	Revised Fee
Minor source construction at Part 70 minor source	$3,000	$3,600
Minor modification at a Part 70 major source	$7,500	$9,000
Major modification under PSD or NNSR	$12,000	$14,400
Revision of a construction permit	$1,500	$2,500
Emission reduction credit construction permit for Part 70 source	__	$7,500
Emission reduction credit construction permit for non-Part 70 source	__	$2,500
Air quality modeling at a minor source/modification	$1,000	$1,800
Air quality modeling for a major source/modification	$4,500	$5,400
LACT Determination (per unit)	$600	$1,200
BACT or LAER (each determination)	$2,000	$2,400
PTE Limit to make the source/modification minor	$3,500	$4,200
Controlled actual emissions exemption	$1,250	$2,200

The WDNR has included five new fees, the emission reduction credit fees for Part 70 and non-Part 70 sources included in the table, as well as the following three fees. Fee for request of a public hearing by someone other than the applicant – $2,000, incorporation of a consent decree – $2,000, and the ability to add additional fees listed in NR 410.03(2) to revisions, which allows the WDNR to add various fees from the additional fees list to construction permit revisions. Some fees were unchanged, and fees related to expedited permit review have been removed, along with the option to request expedited review. The final fee changes align with the original proposed rule, although have been lowered slightly, for example, the initial fee was originally proposed to be set to $15,000, now set to $10,000.

Why the Change?

The WDNR has proposed these air permit fee revisions in response to several growing needs within the air permitting program. Rising administrative and staffing costs have made it increasingly difficult to maintain timely permit processing and effective compliance monitoring under the existing fee structure. Additionally, the WDNR has emphasized the need to invest in more robust air quality analysis and regulatory enforcement, particularly as federal standards evolve. Inflation, which has not been adequately accounted for in previous fee adjustments, also played a significant role in prompting this update. By aligning fees with the actual costs of oversight, the WDNR aims to ensure Wisconsin’s continued compliance with the Clean Air Act while sustaining a well-functioning permitting system.

What Businesses Should Do

Businesses should begin preparing now for the upcoming fee changes. Companies are encouraged to review the proposed fee schedule closely and assess how these changes may impact ongoing or future projects. It is advisable to incorporate the revised costs into operational budgets and permitting timelines to avoid unforeseen delays. Submitting applications early may also help facilities avoid backlogs as the rule changes approach implementation. Proactive engagement will be key to navigating the transition smoothly and maintaining regulatory compliance.

Additional Resources

If you have any questions about the proposed air permit fee changes or how they may impact your facility, please contact the Wisconsin office at 262.200.0200 Our team is available to assist you in understanding permit requirements and the associated fees.