HOW TO APPLY FOR ENTRY

Shown below are the steps to applying for entry into the Brownfields program:

1.  Download, fill out, and return the Brownfields Property Application form (links below). If you have MS Word, you may download the MS Word Form and use MS Word to fill it out (Downloading the form in PDF format will require that the form be filled out by hand). The form can then be returned via mail. Please note that attachments to the application form include the Eligibility Affidavit which must be signed and notarized, and the Preliminary Proposed Brownfields Agreement which must be initialed (Be advised that the Preliminary Proposed Brownfields Agreement attachment is primarily an informational form for the Program to use in generating the brownfields agreement itself and is not the actual brownfields agreement that will be signed by DENR.). The Program will use the information contained in this application, and possibly information from other DENR agencies, to determine the statutory eligibility of the site for a brownfields agreement.

    

2. Based upon the review of the application the Brownfields Program will provide one of the following:
   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 Program 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 Program and then corrected by the applicant prospective developer; or
   c.   A letter indicating that the property is ineligible for a brownfields agreement.
   
   The above ends the application process. The remainder of the process for eligible sites is summarized as follows:

3. The Program Reviews the existing environmental data, determines if there are knowledge gaps that exist. The Program 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.

4. The Program considers all data at hand and drafts the brownfields agreement outlining those items necessary to make the site suitable for the uses intended while fully protecting public health and the environment. These items could include land use restrictions, remedial actions or a combination of both. It is forwarded to the prospective developer.

5. The final draft brownfields agreement is negotiated and finalized between DENR and 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.

6. In the absence of public comment which affects the agreement, it is then signed and the agreement becomes effective. With the receipt of public comment or request for a public meeting, the Program will determine any necessary changes to the brownfields agreement and whether those changes warrant further public comment period or whether it is possible for DENR and the applicant to execute the agreement after the appropriate changes are made.

7. A second fee, required by statute to defray the costs to DENR and DOJ, will be due from the PD prior to execution of the brownfields agreement. 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.

8. 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.

Process Flow Chart - Good reference to understand the process, both what DENR does with your application and what you will need to do later.

Program Guidelines and Issue Resolutions - The program's guidance document that shows program policy guidance regarding common issues of many sites.

Other guidance documents you will need at a later stage of the process are on our Guidance Documents page. Links on the Tax Incentive FAQ page show the tax benefits of obtaining a brownfields agreement.