.
(a)
General Fee
Provisions.
1.
Notices of Intent. All Notices of Intent filed
pursuant to
310 CMR
10.00 shall be accompanied by a filing fee, the amount
of which shall be determined by
310 CMR 4.00: Timely Action
Schedule and Fee Provisions and a brief statement indicating how the applicant
calculated the fee. 50% of any filing fee in excess of $25.00 shall be made
payable, by check or money order, to the Commonwealth of Massachusetts and
shall be sent to the DEP Lock Box accompanied by the Notice of Intent Fee
Transmittal Form. The remainder of said fee shall be made payable, by check or
money order, to the city or town in which the work is proposed.
2.
Requests for Action by the
Department. Any person who files a Request for a Superseding
Determination of Applicability (
310 CMR
10.05(3)(c)
), a Request for Superseding Order of
Conditions or superseding Order of Resource Area Delineation (
310 CMR
10.05(7)(a)
), a Request for Adjudicatory Hearing (
310 CMR
10.05(7)(j)
), a Request to Intervene in any
Adjudicatory Hearing (
310
CMR
1.01(9)(a) ), or a
Request for a Variance, (
310 CMR
10.05(10)
), (see also 310 CMR
10.03(7)(e) ), shall
simultaneously submit a filing fee, in the amount specified by
310 CMR 4.00: Timely Action
Schedule and Fee Provisions. All such fees shall be paid by check or money
order payable to the Commonwealth of Massachusetts and shall be sent to the DEP
Lock Box, accompanied by the Request for Departmental Action Fee Transmittal
Form. A copy of the Request for Departmental Action Fee Transmittal Form and a
copy of the check shall accompany the request for Departmental
action.
(b)
Specific Provisions for Notice of Intent Fees. In
accordance with General Instructions for Completing a Notice of Intent and
Abbreviated Notice of Intent, the minimum submittal requirements shall include
payment of the filing fee specified in 310 CMR
10.03(7)(c). A conservation
commission shall notify, in writing, the appropriate Department Regional Office
and the applicant when the correct filing fee has not been paid to the city or
town and the filing is therefore incomplete. Said notification shall specify
the correct fee amount. The Department shall also notify, in writing, the
applicant and the conservation commission when the fee due to the Department
has not been paid to the Department and the filing is therefore incomplete.
Said notification shall specify the fee due to the Department. The fee will be
based on the initial project design as proposed in the Notice of Intent.
1.
Disputes over Notice of Intent
Filing Fees. Whenever the conservation commission or the
Department determines that an inadequate fee has been paid, the time period for
the conservation commission or the Department to act shall be stayed until the
balance of the fee is paid.
a. Where, in the
opinion of the conservation commission or the Department, less than the full
filing fee has been included with the Notice of Intent, the Notice shall be
deemed complete (assuming all other minimum submittal requirements have been
met), and the stay shall be lifted, upon payment of the additional fee
specified by the Department or the conservation commission. If the applicant
has disputed all or a part of the balance of the fee, after issuance of a Final
Order which resolves the fee dispute, in favor or the applicant any disputed
funds paid by the applicant in excess of the filing fee as determined in the
Final Order shall be paid to the applicant by the Commonwealth and the city or
town.
b. In lieu of paying any
disputed amount of the filing fee, the applicant may file a Request for
Determination of Applicability under
310 CMR
10.05(3)(a), with sufficient
information to enable the conservation commission to determine the extent of
the area, or the type and extent of the activity, subject to protection under
M.G.L. c. 131, § 40.
When a Request for Determination of Applicability is filed by
an Applicant to resolve a dispute over the filing fee, all proceedings under
the Notice of Intent shall be stayed until all appeal periods for the
Determination have elapsed or, if the Determination is appealed until all
proceedings before the Department have been completed.
A Final Determination of Applicability as to the area, or the
type and extent of the activity, subject to protection under M.G.L. c. 131,
§ 40 shall be binding on all parties and shall be used in calculating the
fee.
(c)
Activities Subject to Notice
of Intent Fees. The following activity descriptions are intended
to include all activities subject to filing of a Notice of Intent under M.G.L.
c. 131, § 40. The fees imposed by 310 CMR
10.03 are applicable only to
those activities subject to jurisdiction under M.G.L. c. 131, § 40. The
fee for work proposed under a single Notice of Intent that involves more than
one activity noted below, shall be determined by adding the fees for each of
the proposed activities. When the work involves activities within the
riverfront area as well as another resource area or the buffer zone, the fee
shall be determined by adding an additional 50% of the fee calculated for
activities in another resource area(s) or the buffer zone to another resource
area for each of the proposed activities within the riverfront area. When the
work involves activities within the riverfront area but no other resource area,
the fee shall be determined by adding the fees for each of the proposed
activities within the riverfront area.
1.
Category 1.
a. Any
work on a single family residential lot including a house addition, deck,
garage, garden, pool, shed, or driveway. Activities excluded from Category 1
include driveways reviewable under
310 CMR
10.53(3)(e)
(See Category 2f.); construction of an
unattached single family house; and construction of a dock, pier, or other
coastal engineering structure.
b.
Site preparation of each single family house lot, including removal of
vegetation, excavation and grading, where actual construction of the house is
not proposed under the Notice of Intent.
c. Control of nuisance vegetation by removal,
herbicide treatment or other means, from a resource area, on each single family
lot, as allowable under
310 CMR
10.53(4).
d. Resource improvement allowed under
310 CMR
10.53(4), other than removal
of aquatic nuisance vegetation, as allowed under 310 10.53(4).
e. Construction, repair, replacement or
upgrading of a subsurface septic system or any part of such a system.
f. Activities associated with installation of
a monitoring well, other than construction of an access roadway
thereto.
g. New agriculture,
including forestry on land in forest use (
310 CMR
10.53(3)(r) and
(s) ), and aquacultural projects.
2.
Category
2.
a. Construction of each
single family house (including single family houses in a subdivision), any part
of which is in a buffer zone or resource area. Any activities associated with
the construction of said house(s), including associated site preparation and
construction of retention/detention basins, utilities, septic systems, roadways
and driveways other than those roadways or driveways reviewable under
310 CMR
10.53(3)(e)
(See Category 2f.), shall not be subject to
additional fees if all said activities are reviewed under a single Notice of
Intent. (For apartment/condominium type buildings See Category 3.)
b. Parking lot of any size.
c. The placement of sand for purposes of
beach nourishment.
e. Any activities reviewable under
310 CMR
10.53(3)(d) and (f)
through (l), except for those subject to 310
CMR
10.03(7)(c)4.b. Where more than one activity is proposed within an
identical footprint (e.g., construction of a sewer within the footprint of a
new roadway), only one fee shall be payable.
f. Construction of each crossing for a
driveway associated with an unattached single family house, reviewable under
310 CMR
10.53(3)(e).
g. Any point source discharge.
h. Control of nuisance vegetation, other than
on a single family lot, by removal, herbicide treatment or other means,
reviewable under
310 CMR
10.53(4).
i. Raising or lowering of surface water
levels for flood control or any other purpose.
j. Any other activity not described in
Categories 1, 3, 4, 5 or 6 (e.g., the determination of whether a stream is
perennial or intermittent).
k. The
exploration for (but not development, construction, expansion, maintenance,
operation or replacement of) public water supply wells or wellfields derived
from groundwater, reviewable under
310 CMR
10.53(3)(o).
l. Test projects pursuant to
310 CMR
10.05(11).
3.
Category
3.
a. Site preparation, for any
development other than an unattached single family house(s), including the
removal of vegetation, excavation and grading, where actual construction is not
proposed in the Notice of Intent.
b. Construction of each building for any
commercial, industrial, institutional, or apartment/condominium/townhouse-type
development, any part of which is in a buffer zone or resource area. Any
activities associated with the construction of said building, including
associated site preparation and construction of retention/detention basins,
septic systems, parking lots, utilities, point source discharges, package
sewage treatment plants, and roadways and driveways other than those roadways
or driveways reviewable under
310 CMR
10.53(3)(e), shall not be
subject to additional fees if all said activities are reviewed under a single
Notice of Intent.
c. Construction
of each roadway or driveway, not reviewable under
310 CMR
10.53(3)(e), and not
associated with construction of an unattached single family house.
d. Any activity associated with the clean up
of hazardous waste, except as otherwise noted in Category 4, including
excavation, destruction of vegetation, change in subsurface hydrology,
placement of collection wells or other structures for collection and treatment
of contaminated soil and/or water.
e. The development, construction, expansion,
maintenance, operation, or replacement of (but not exploration for) public
water supply wells or wellfields derived from groundwater, reviewable under
310 CMR
10.53(3)(o).
4.
Category
4.
a. Construction of each
crossing for a limited project access roadway or driveway reviewable under
310 CMR
10.53(3)(e)
associated with a commercial, industrial, or
institutional development or with any residential construction (other than a
roadway or driveway associated with construction of an unattached single family
house).
b. Construction,
modification, or repair of a flood control structure such as a dam, reservoir,
tidegate, sluiceway, or appurtenant works.
c. Creation, operation, maintenance or
expansion of a public or private landfill.
d. Creation, operation, maintenance or
expansion of a public or private sand and/or gravel operation including but not
limited to excavation, filling, and stockpiling.
e. Construction of new railroad lines or
extensions of existing lines, including ballast area, placement of track,
signals and switches and other related structures.
f. Construction, reconstruction, expansion,
or maintenance of any bridge, except to gain access to a single family house
lot.
g. Any alteration of a
resource area(s) to divert water for the clean up of a hazardous waste site,
for non-exempt mosquito control projects, or for any other purpose not
expressly identified elsewhere in this fee schedule.
h. Any activities, including the construction
of structures, associated with a dredging operation conducted on land under a
waterbody, waterway, or the ocean. If the dredging is directly associated with
the construction of a new dock, pier or other structure identified in Category
5, only the Category 5 fee shall apply.
i. Construction of, or the discharge from, a
package sewage treatment plant.
j.
Airport vegetation removal projects reviewable under
310 CMR
10.24(7)(c)5. and
10.53(3)(n).
k. Landfill closure
projects reviewable under
310 CMR
10.24(7)(c)4. and
10.53(3)(p).
l. Any activities,
including the construction of structures, associated with the assessment,
monitoring, containment, mitigation, and remediation of, or other response to,
a release or threat of release of oil and/or hazardous material reviewable
under
310 CMR
10.24(7)(c)6. or
10.53(3)(q).
5.
Category 5. Construction, reconstruction, repair or
replacement of docks, piers, revetments, dikes, or other engineering structures
on coastal or inland resource areas, including the placement of rip rap or
other material on coastal or inland resource areas.
6.
Category 6. The
linear delineation (e.g. bordering vegetated wetland, riverfront area,
bordering land subject to flooding) of each resource area under an Abbreviated
Notice of Resource Area Delineation constitutes a separate activity. The fee
associated with each resource area delineation proposed under an Abbreviated
Notice of Resource Area Delineation shall be determined by adding the fees for
each type of resource area delineation.
(e)
Fees for Requests for Action
by Department. The following requests for action by the Department
are subject to the fees established in
310 CMR 4.00: Timely Action
Schedule and Fee Provisions.
1. Request for a
Superseding Determination of Applicability.
2. Request for a Superseding Order of
Conditions.
3. Request for an
Adjudicatory Hearing or for a Variance which is necessary to avoid an
unconstitutional taking.
4. Request
to Intervene in an Adjudicatory Proceeding.
5. Request for a Variance, except where
necessary to avoid an unconstitutional taking.