§ 105.35. Charges for use and occupation of submerged lands of this Commonwealth.
(a) Except as provided in subsections (b) and (c), the following charges apply to the granting of an easement, right-of-way, license or lease to occupy submerged lands of this Commonwealth issued under section 15 of the act (32 P. S. § 693.15) and § 105.32 (relating to projects—proper purpose):
(1) For commercial utility and other dams, water obstructions and encroachments except as listed in subsection (c), annual license charges:
(i) For areas occupied by facilities, $150 per tenth of an acre.
(ii) For barge fleeting and mooring areas, $30 per tenth of an acre.
(iii) Minimum annual charge, $750.
(2) For private recreation docks, owned and used solely by the owners of adjacent riparian property, unless the project is otherwise authorized by a general permit issued under section 7 of the act (32 P. S. § 693.7), an annual charge of $250.
(b) Licenses for public service lines crossing or occupying submerged lands of this Commonwealth, issued under section 15 of the act or section 514 of The Administrative Code of 1929 (71 P. S. § 194) are subject to the following schedule of annual charges:
Length of Crossings
(in feet)Charges
(in dollars)Less than 500 750 500 to 999 1,500 1000 to 1499 3,000 1500 to 1999 4,500 2000 to 2499 6,000 2500 to 2999 7,500 3000 to 3499 9,000 3500 to 3999 10,500 4000 to 4499 12,000 4500 to 4999 13,500 5000 and over 15,000 (c) Charges may not be imposed under section 15 of the act or section 514 of The Administrative Code of 1929 for the following categories of activities and structures:
(1) An activity or structure constructed, owned or operated by a department, commission or agency of the Commonwealth or the Federal government.
(2) A project or activity constructed, or operated primarily for the benefit of a State building or a State institution.
(3) A flood control project constructed, owned or operated by an agency of the Commonwealth, the Federal government or a municipality.
(4) A project or activity constructed, owned or operated by a political subdivision of this Commonwealth which provides potable water supply, sewage disposal or other similar services necessary for public health and welfare, or in connection with a service for which no fees or charges other than general taxes are imposed.
(5) A facility to provide access to the general public to water for recreational boating, fishing, hunting, swimming or other recreation where the access is provided without charge or on a nonprofit basis.
(6) A structure or facility constructed and operated exclusively to improve fish habitat, under a cooperative agreement with the Fish and Boat Commission.
(7) A private recreational dock constructed under a general permit.
(d) The annual charges imposed in subsections (a) and (b) may be revised by the EQB after approval by the Governor and reasonable notice to the holder of a license issued under this section.
(e) This section does not apply to a crossing contiguous to or in a State park or State forest lands. Easements for the crossings shall be administered in accordance with section 514 of The Administrative Code of 1929 and the park and forest land management practices of the Department of Conservation and Natural Resources.
(f) The removal of sand, gravel and other valuable minerals from submerged lands of this Commonwealth are subject to the royalty and agreement provisions established under section 1908-A of The Administrative Code of 1929 (71 P. S. § 510-8).
Authority The provisions of this § 105.35 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 § 105.35 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; reserved 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 (355005) to (355007).
Cross References This section cited in 25 Pa. Code § 105.25 (relating to transfer of permits).
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