§ 105.13. Regulated activities—information and fees.
(a) Application for permits under this chapter shall be submitted to the Department, in writing, upon forms provided by the Department. Applicants are encouraged to request a meeting with the Department prior to submission of their applications. An application for a permit, registration for a general permit, request for permit amendment, major or minor letter of amendment or authorization, major dam design revision, environmental assessments, permit transfer or annual dam registration under this chapter shall be accompanied by a check for the applicable fees except for submissions by Federal, State, county or municipal agencies or a municipal authority.
(b) Fees collected by the Dam Safety Program and Water Obstruction and Encroachment Program, including delegations to local agencies, will be deposited into a restricted revenue account known as the Clean Water Fund and utilized to offset the operating costs to implement respective programs.
(c) The fees are as follows:
(1) Dams based on size and hazard potential category as defined in § 105.91 (relating to classification of dams and reservoirs).
(i) Dam permit application fees for new dam construction.
Hazard Potential Category 1 2 3 4 Size Category A $26,500 $26,500 $25,500 $23,500 B $19,000 $19,000 $18,500 $17,000 C $10,500 $10,500 $10,000 $8,000 (A) Initial fees are based upon the size and hazard potential category of the final operating stage of the dam.
(B) Staged construction requires an additional 90% of the appropriate fee for each additional stage beyond the initial stage of work proposed under this permit application, including any closure stage.
(ii) Dam permit application fees for modification of existing dams.
Hazard Potential Category 1 2 3 4 Size Category A $18,500 $18,500 $18,500 $18,000 B $12,000 $12,000 $12,000 $11,500 C $7,500 $7,500 $7,500 $7,500 (A) Initial fees are based upon the size and hazard potential category of the final operating stage of the dam.
(B) Staged construction requires an additional 85% of the appropriate fee for each additional stage beyond the initial stage of work proposed under this permit application, including any closure stage.
(iii) Dam permit application fees for operation and maintenance of existing dams.
Hazard Potential Category 1 2 3 4 Size Category A $12,500 $12,500 $12,000 $10,000 B $10,000 $10,000 $9,500 $8,500 C $7,000 $7,000 $6,500 $6,000 (iv) Letter of amendment or authorization review fees.
Size Category Major Project Minor Project A $14,700 $1,300 B $8,700 $1,000 C $4,400 $650 (A) The estimated total construction cost of the project shall be provided to the Department with the submission of the letter of amendment or authorization request.
(B) A major project is a dam rehabilitation project qualifying for a Letter of Amendment for Dams or a Letter of Authorization for Dams as defined in § 105.1 (relating to definitions) whose total construction costs equal or exceed $250,000. If, after completion of the project, the total construction costs do not exceed $250,000, the Department will refund the difference between major and minor project review fees upon approval of the completion certification as required under § 105.108 (relating to completion, certification and project costs).
(C) A minor project is a dam rehabilitation project qualifying for a Letter of Amendment for Dams or a Letter of Authorization for Dams as defined in § 105.1 whose total construction costs are less than $250,000. If, after completion of the project, the total construction costs equal or exceed $250,000, the difference in review fees between major and minor projects must be submitted to the Department with the completion certification as required under § 105.108.
(v) Major dam design revision review fees based on major dam design revision as defined in § 105.1.
Size Category Fee A $4,700 B $3,200 C $1,700 (vi) Environmental assessment review fees for nonjurisdictional dams, letters of amendment or letters of authorization.
Size Category Fee A $1,400 B $1,000 C $900 (vii) Transfer of dam permit as required under § 105.25 (relating to transfer of permits).
Type of Dam Permit Transfer Fee No Proof of Financial Responsibility Required $550 Proof of Financial Responsibility Required $300 (viii) Annual dam registration fees as required under § 105.131a (relating to annual dam registration).
Hazard Potential Category 1 2 3 4 Size Category A $1,500 $1,500 $800 $0 B $1,500 $1,500 $800 $0 C $1,500 $1,500 $800 $0 (A) Annual registration fees are due by July 1 of each year.
(B) If the annual registration fee is not received by July 1, dams regulated by the Department are subject to a temporary suspension of the dam permit, if applicable, and the owner or operator may be required to drain the reservoir at a rate not to exceed 1 foot per day.
(C) If the annual registration fee is not received by July 1, dams regulated by the Department qualifying for waiver of permit provisions in § 105.12 (relating to waiver of permit requirements) may be subject to a temporary draining of the reservoir at a rate not to exceed 1 foot per day.
(D) If annual registration fees are not remitted as specified, interest will accrue on the entire amount from the original date payment was due at a rate of 12% per annum until payment is remitted.
(2) Water obstructions and encroachments.
Fee Title/Type Fee Water Obstruction and Encroachment Permit Application Fees Joint application Administrative filing fee (* plus applicable disturbance review fees) $1,750 General Permit Registration Fees GP-1 Fish habitat enhancement structures $50 GP-2 Small docks and boat launching ramps $175 GP-3 Bank rehabilitation, bank protection and gravel bar removal $250 GP-4 Intake and outfall structures $200 GP-5 Utility line stream crossings $250 GP-6 Agricultural crossings and ramps $50 GP-7 Minor road crossings $350 GP-8 Temporary road crossings $175 GP-9 Agricultural activities $50 GP-10 Abandoned mine reclamation $500 GP-11* Maintenance, testing, repair, rehabilitation or replacement of water obstructions and encroachments $750 GP-15* Private residential construction in wetlands $750 * Disturbance review fees added to application, registration or other fees where applicable Permanent disturbance Waterways, floodways/floodplains and wetlands per tenth acre, minimum 0.1 acre $800 Temporary disturbance Waterways, floodways/floodplains and wetlands per tenth acre, minimum 0.1 acre $400 Other Fees not Added to Initial Application or Registration Fees Environmental assessment for waived activities (§ 105.12(a)(11) and (16) per § 105.15(d)) $500 Major amendment to Water Obstruction and Encroachment Permit* $500 Minor amendment to Water Obstruction and Encroachment Permit $250 Transfer of permit with Submerged Lands License Agreement (SLLA) $200 Transfer of permit without SLLA $100 (i) Small projects require a joint application for a Water Obstruction and Encroachment Permit and follow the same fee requirements.
(ii) Additional General Permit registration requirements are as follows:
(A) General Permit registration for GP-11 and GP-15 also requires disturbance review fees when applicable.
(B) Conservation districts may charge additional review fees in accordance with section 9(13) of the Conservation District Law (3 P. S. § 857(13)).
(C) Registration fees for coverage under a General Permit issued under Subchapter L (relating to general permits) not otherwise specified in this section will be established in the General Permit. The applicability of the disturbance review fees will also be established in the General Permit.
(iii) Disturbance review fees are calculated by individually adding all of the permanent and temporary impacts to waterways, floodways, floodplains and bodies of water including wetlands to the next highest tenth acre and multiplying the permanent and temporary impacts by the respective fees and then these amounts are added to the other applicable fees.
(A) The disturbance review fees are added to the joint application administrative filing fee, applicable General Permit registration fees and major amendments to Water Obstruction and Encroachment Permits.
(B) If a permit applicant is subject to payment of royalties to the Commonwealth under 58 Pa. Code § 51.92 (relating to royalty rates), the disturbance review fees are not required for the area of disturbance subject to the royalty payment.
(iv) Environmental Assessment for waived activities fee applies to use of the waivers at § 105.12(a)(11) and (16). Environmental Assessment for these waivers is required under § 105.15(d) (relating to environmental assessment).
(v) A minor amendment of an existing Water Obstruction and Encroachment Permit, permit authorization or water quality certificate before its expiration is an amendment that does not require an extensive review and evaluation and includes the following:
(A) Changes that do not substantially alter permit conditions, increase the amount of surface water impacts, increase the size of the operation or reduce the capacity of the facility to protect human health, safety or the environment.
(B) Requests for time extensions.
(C) Aquatic resource mitigation credit transfers from an approved mitigation bank.
(vi) A major amendment of an existing Water Obstruction and Encroachment Permit, permit authorization or water quality certificate before its expiration is an amendment that is not a minor amendment.
(d) A single application may be submitted or a single permit may be issued for multiple structures and activities which are part of a single project or facility or part of related projects and facilities, located in a single county, constructed, operated or maintained by the same persons. When a single application covers multiple structures or activities other than a single structure and related maintenance dredging, the application fee shall be the sum of fees in subsection (c) for the applicable structures and activities. Water obstructions and encroachments located within a single county shall be treated as a single structure or activity but the application fee shall be the sum of fees for each water obstruction and encroachment.
(e) An application for or a registration of a permit must be accompanied by information, maps, plans, specifications, design analyses, test reports and other data specifically required under this chapter and additional information as required under the Department to determine compliance with this chapter.
(1) For all permit applications, except small projects, this information includes, but is not limited to, the following:
(i) A site plan. A site plan must include:
(A) A complete demarcation of the floodplains and regulated waters of this Commonwealth on the site. The wetlands shall be identified and delineated in accordance with the Department’s Wetland Delineation Policy in § 105.451 (relating to identification and delineation of wetlands—statement of policy).
(B) Existing roads, utility lines, lots, other manmade structures and natural features such as contour lines and drainage patterns.
(C) Proposed structures or activities included in the project, which shall be identified by labeling.
(D) A scale of one inch equals 200 feet or larger.
(E) A north arrow.
(F) The name of the persons who prepared the plan, and the date and name of the applicants.
(G) A cross sectional view of the regulated waters to be impacted before and after the structure or activity is constructed.
(ii) A location map. The location map must be of a scale factor of 1:24000 (standard U.S.G.S. Topographic Map). The location map must show all natural features including the names and boundaries of regulated waters of this Commonwealth, natural areas, wildlife sanctuaries, natural landmarks, political boundaries, locations of public water supplies and other geographical or physical features including cultural, archeological and historical landmarks within 1 mile of the site. U.S.G.S. maps may be reviewed at County Conservation District Offices or obtained by writing to United States Geological Survey Map Distribution, Box 25286 Federal Center, Denver, CO 80225.
(iii) Project description. A narrative of the project shall be provided which includes, but is not limited to:
(A) A description of the proposed structure or activity.
(B) The project purpose.
(C) The effect the project will have on public health, safety or the environment.
(D) A statement on water dependency. A project is water dependent when the project requires access or proximity to or siting within water to fulfill the basic purposes of the project.
(iv) Color photographs. Color photographs of the proposed site shall be submitted. The photos must accurately depict the project area and provide a relative scale of the project to the surrounding area and a map showing the location and orientation of each photograph.
(v) Stormwater management analysis. If a watershed stormwater management plan has been prepared or adopted under the Storm Water Management Act (32 P. S. § § 680.1—680.17), an analysis of the project’s impact on the Stormwater Management Plan and a letter from the county or municipality commenting on the analysis shall be included.
(vi) Floodplain management analysis. If the proposed dam, water obstruction or encroachment is located within a floodway delineated on a FEMA map, include an analysis of the project’s impact on the floodway delineation and water surface profiles and a letter from the municipality commenting on the analysis.
(vii) Risk assessment. If the stormwater or the floodplain management analysis conducted in subparagraphs (v) and (vi) indicates increases in peak rates of runoff or flood elevations, include a description of property and land uses which may be affected and an analysis of the degree of increased risk to life, property and the environment.
(viii) Alternatives analysis. A detailed analysis of alternatives to the proposed action, including alternative locations, routings or designs to avoid or minimize adverse environmental impacts.
(ix) Mitigation plan. Actions to be taken in accordance with the definition of mitigation in this chapter.
(x) Impacts analysis. A detailed analysis of the potential impacts, to the extent applicable, of the proposed project on water quality, stream flow, fish and wildlife, aquatic habitat, Federal and State forests, parks, recreation, instream and downstream water uses, prime farmlands, areas or structures of historic significance, streams which are identified candidates for or are included within the Federal or State wild and scenic river systems and other relevant significant environmental factors. If a project will affect wetlands the project description shall also include:
(A) A narrative of the delineation process supported by the appropriate data sheets and copies of appropriate soil maps and descriptions from soil conservation service soil surveys. Soil conservation service soil surveys may be obtained from the county conservation district offices.
(B) An analysis of whether the wetland is exceptional value as classified in § 105.17 (relating to wetlands).
(C) A statement on water dependency. A project is water dependent when the project requires access or proximity to or siting within water to fulfill the basic purposes of the project.
(2) An application for a project which will affect less than 1 acre of wetland where the wetland is not exceptional value wetland shall also include a description of functions and values of the existing wetlands to be impacted by the project, as defined in § 105.1.
(3) An application for a project which may have an effect on an exceptional value wetland or on 1 or more acres of wetland must also include an assessment of the wetland functions and values using a methodology accepted by the Department and a survey, conducted by a licensed professional land surveyor, of the wetland boundary as delineated and of the property lines of the parcel where the project is located.
(4) When the Department or delegated local agency determines that an application or registration is incomplete or contains insufficient information to determine compliance with this chapter, it will notify the applicant in writing. The applicant shall have 60 days to provide the information necessary to complete the application or registration. Thereafter, the Department or delegated local agency will consider the application to be withdrawn by the applicant. Requests for a specific extension may be sought by the applicant in writing. The applicant will be notified in writing when an application or registration is considered withdrawn. When an application or registration is considered withdrawn, the Department or local agency will close the application file and will not take action to review the file.
(5) If the application has been withdrawn in accordance with paragraph (4), the fees associated with filing the application will not be refunded.
(f) A permit application for small projects located in streams or floodplains must be accompanied by the following information. This permit application may not be used for projects located in wetlands. If upon review the Department determines that more information is required to determine whether a small project will have an insignificant impact on safety and protection of life, health, property or the environment, the Department may require the applicant to submit additional information and processing fees required under this chapter.
(1) A site plan. A site plan must include:
(i) The floodplains and regulated waters of this Commonwealth on the site, including wetlands, existing roads, utility lines, lots, other manmade structures, natural features such as slopes and drainage patterns, proposed structures or activities included in the project.
(ii) The names of the persons who prepared the plan.
(iii) The date and the name of applicants.
(iv) A north arrow.
(2) A cross sectional view. A cross sectional view of the affected regulated waters of this Commonwealth before and after the structure or activity is constructed.
(3) A location map. A map showing the geographic location of the project. U.S.G.S. topographic maps, FEMA maps or municipal maps are acceptable. FEMA and municipal maps may be obtained from local government offices. U.S.G.S. maps may be reviewed at county conservation district offices or obtained by writing to United States Geological Survey Map Distribution, Box 25286 Federal Center, Denver, CO 80225.
(4) Project description. A narrative of the project shall be provided which includes, but is not limited to:
(i) A description of the proposed structure or activity.
(ii) The project purpose.
(iii) The effect the project will have on public health, safety or the environment.
(iv) The project’s need to be in or in close proximity to water.
(5) Color photographs. Color photographs of the proposed site must be submitted. The photos must accurately depict the project area and provide a relative scale of the project to the surrounding area and a map showing the location and orientation of each photograph.
(g) Except for small projects, an application for a permit under this chapter shall be accompanied by proof of an application for an Earth Disturbance Permit or an erosion and sedimentation control plan for activities in the stream and earthmoving activities. The plan must conform to requirements in Chapter 102 (relating to erosion and sediment control) and must include a copy of a letter from the conservation district in the county where the project is located indicating that the district has reviewed the erosion and sediment control plan of the applicant and considered it to be satisfactory, if applicable. Earthmoving activities, including small projects, shall be conducted pursuant to an earth disturbance plan.
(h) An application shall be submitted by the person who owns or has primary responsibility for the proposed dam or reservoir, water obstruction or encroachment. If an application is submitted by a person with primary responsibility for the structure or activity, the owner of a dam or reservoir, water obstruction or encroachment will not thereby be relieved of legal duties or responsibilities for the structure or activity as imposed by the act or this chapter.
(i) An application shall be signed by the owners of the dam or reservoir, water obstruction or encroachment, or the persons exercising primary responsibility for the dam or reservoir, water obstruction or encroachment. In the case of a partnership, one or more members of the partnership authorized to sign on behalf of the entire partnership shall sign the application. In the case of a corporation, it shall be signed by the president, vice president or other responsible official empowered to sign for the corporation. In the case of a political subdivision, it shall be signed by the chief officers of the political subdivision or other responsible official empowered to sign for the political subdivision, with the seal affixed and attested by the clerk.
(j) Plans, specifications and reports accompanying applications for any category of dams, or for bridges and other water obstructions or encroachments which would pose a threat to human life or substantial potential risk to property shall be affixed with the seal of a registered professional engineer and a certification, signed by the registered professional engineer, which shall read as follows:
‘‘I (name) do hereby certify pursuant to the penalties of 18 Pa.C.S.A. Sec. 4904 to the best of my knowledge, information and belief, that the information contained in the accompanying plans, specifications and reports has been prepared in accordance with accepted engineering practice, is true and correct, and is in conformance with Chapter 105 of the rules and regulations of the Department of Environmental Protection.’’
(k) The Department may waive the specific information requirements of this section in writing, in the record of decision, if upon review of the permit application, the Department finds that specific information is not necessary to review the application.
(l) The Department will review the adequacy of the fees in this section at least once every 3 years and provide a written report to the EQB. The report will identify any disparity between the amount of program income generated by the fees and the costs to administer these programs, and it will contain recommendations to adjust fees to eliminate the disparity, including recommendations for regulatory amendments.
Authority The provisions of this § 105.13 amended under the Dam Safety and Encroachments Act (32 P. S. § § 693.1–693.27); The Clean Streams Law (35 P. S. § § 691.1—691.1001); section 7 of the act of June 14, 1923 (P. L. 704, No. 294) (32 P. S. § 597); sections 514, 1901-A, 1908-A, 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. § § 194, 510-1, 510-8, 510-17 and 510-20); and the Flood Plain Management Act (32 P. S. § § 679.101—679.601).
Source The provisions of this § 105.13 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; amended August 11, 1978, effective August 28, 1978, 8 Pa.B. 2229; amended September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843; amended October 11, 1991, effective October 12, 1991, 21 Pa.B. 4911; amended January 7, 2011, effective January 8, 2011, 41 Pa.B. 219; amended February 15, 2013, effective February 16, 2013, 43 Pa.B. 967. Immediately preceding text appears at serial pages (354978) to (354983).
Notes of Decisions Needs Analysis
Where the applicant failed to submit a proper alternatives/justification analysis and parking needs could have been met elsewhere, the Environmental Hearing Board concluded that petitioner did not justify the need to fill wetlands. Hatchard v. Department of Environmental Resources, 612 A.2d 621 (Pa. Cmwlth. 1992).
Cross References This section cited in 25 Pa. Code § 105.15 (relating to environmental assessment); 25 Pa. Code § 105.81 (relating to permit applications for construction and modification of dams and reservoirs); 25 Pa. Code § 105.82 (relating to permit applications for operation and maintenance of existing dams and reservoirs); 25 Pa. Code § 105.89 (relating to Letters of Amendment and Letters of Authorization for modification of dams and reservoirs); 25 Pa. Code § 105.131a (relating to annual dam registration); 25 Pa. Code § 105.151 (relating to permit applications for construction or modification of culverts and bridges); 25 Pa. Code § 105.152 (relating to permit applications for operation and maintenance of existing culverts and bridges); 25 Pa. Code § 105.191 (relating to permit applications for construction or modification of stream enclosures); 25 Pa. Code § 105.192 (relating to permit applications for operation and maintenance of existing stream enclosures); 25 Pa. Code § 105.231 (relating to permit applications for construction or modification of channel changes and dredging for facility construction and maintenance); 25 Pa. Code § 105.261 (relating to permit applications for construction or modification of fills, levees, floodwalls and streambank retaining devices); 25 Pa. Code § 105.262 (relating to permit applications for existing fills, levees, floodwalls and streambank retaining devices); 25 Pa. Code § 105.301 (relating to permit applications for construction or modification); 25 Pa. Code § 105.302 (relating to permit applications for existing stream crossings by pipelines for conveyance of petroleum products and gas); 25 Pa. Code § 105.331 (relating to permit applications); 25 Pa. Code § 105.371 (relating to permits: content of application); 25 Pa. Code § 105.401 (relating to permit applications); 25 Pa. Code § 105.444 (relating to contents of general permits); and 25 Pa. Code § 105.448 (relating to determination of applicability of a general permit).
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