(1)
Application Fee.
An application fee shall be charged in accordance with the accompanying fee
schedule (Table 1) per application for a determination of applicability,
license, permit, amendment, interim approval, General License Certification or
certificate of compliance. An application fee is non-refundable and shall be
paid at the time of submission of the original application or Certification, by
check or money order made payable to the Commonwealth of Massachusetts,
DEP.
(2)
Tidewater
Displacement Fee. Except as provided in 310 CMR
9.16(4), prior to
issuance of a license or General License Certification for any fill or
structure that will displace tidewaters below the high water mark, the
applicant, or his or her heirs or assignees responsible for such displacement,
shall, at the direction of the Department:
(a)
pay to the Commonwealth a tidewater displacement fee, based on the net amount
of tidewater displaced between the elevations of the high and the low water
marks, at the rate set forth in the accompanying fee schedule (Table 1);
or
(b) excavate, in some part of
the same harbor, previously filled tidelands between the high and low water
marks, subject to the requirements of
310 CMR
9.00 and the approval of the Department, in order to
form a basin for a quantity of water equal to that displaced; or
(c) improve public harbor facilities in
tidelands in any other manner satisfactory to the Department, provided that the
cost of such improvement is comparable to the amount otherwise due for
displacement; any improvements identified under 310 CMR
9.16 shall be in
addition to any actions required under
310 CMR
9.31 through
9.40
and
310 CMR
9.51 through
9.55;
the Department may consider the following improvements:
1. a harbor cleanup activity which is part of
a plan approved by a public agency;
2. a shellfish reseeding program;
3. a beach nourishment program on beaches
open to the public;
4. a
contribution to a special fund or other program managed by a public agency or
non-profit organization in order to directly provide public harbor
improvements.
An applicant for a license for any existing, previously
unlicensed fill or structure shall be liable for any unpaid tidewater
displacement fee, unless the applicant was not responsible for the construction
of the structure or the placement of the fill, and the applicant acquired the
real estate upon which the structure was constructed or the fill placed before
January 4, 1974.
(3)
Occupation Fee.
Except as provided in 310 CMR
9.16(4), any person granted a license or
Certification for any activity in
310 CMR
9.05 in, on, or over any land the title to
which is in the Commonwealth shall compensate the Commonwealth for the rights
granted in such lands, in accordance with the following provisions:
(a) except as provided in 310 CMR
9.16(3)(b),
the licensee shall pay a fee which shall be:
1.fixed for the term of the
license;
2.calculated by the
Department in accordance with the accompanying fee schedule (Table 1);
and
3.assessed on either a lump sum
or annual basis, in accordance with the provisions of 310 CMR
9.16(3)(d).
(b) the
licensee shall pay an annual fee based on the full fair market rental value
over the term of the license, as determined in accordance with 310 CMR
9.16(3)(c), in the event that the license is issued for:
1.an extended term, in accordance with the
provisions of
310 CMR
9.15(1)(b); or
2.long term exclusive assignment of berths in
a private recreational boating facility, in accordance with the provisions of
310 CMR
9.38(2)(a)2.
The Department shall presume that land the title to which is in
the Commonwealth includes all Commonwealth tidelands and Great Ponds unless the
applicant presents evidence of a chain of title indicating that the
Commonwealth is not the fee owner of the land in question.
(c)
Appraisal
Procedure.
1.The determination of
fair market value and fair market rental value shall be based on an appraisal
of the value of the rights granted in land the title to which is in the
Commonwealth and which is occupied in accordance with the license. Such
determination shall include an index or other method by which periodic fee
adjustments shall be made over the term of the license. The appraisal report
shall be prepared at the expense of the applicant by a state-certified
appraiser. The appraisal report shall be submitted to the Department after
issuance of the Department's written determination to issue a
license.
2.Within 45 days of
receipt of the appraisal report, the Department shall conduct a review of the
appraisal report. Said review appraisal shall be prepared by a state-certified
appraiser. If the Department determines that the appraisal report is complete
and accurate, the annual license fee shall be established based on the fair
market rental value determined by the Department, based on said report. If the
Department determines that the appraisal report is incomplete or inaccurate,
the Department shall inform the applicant in writing of the deficiencies in the
appraisal report. Upon review of the Department's evaluation, the applicant
may:
a.submit a new or revised appraisal
report to the Department for its review and approval; or
b.notify the Department of disagreement with
the Department's review appraisal and provide the reasons therefor. If the
Department and the applicant cannot agree within 30 days of said notification,
both the Department and the applicant shall within 30 days designate a third,
impartial state-certified appraiser. The cost of the third appraiser shall be
born equally by the Department and the applicant. The third appraiser shall
prepare an appraisal report after reviewing the initial report, the review
appraisal and any other information deemed appropriate and shall make a
recommendation to the Department as to the fair market value and fair market
rental value. The Department shall presume that the values determined in that
report are accurate and shall establish the annual license fee based on the
fair market rental value determined therein. This presumption may be overcome
only if the Commissioner issues written findings based on evidence presented in
the appraisal reports before the Department explaining the reasons for
disagreement with the recommendations of the third appraisal report.
(d)
Payment
of fees. Any fee the total amount of which during the term of the
license is less than $10,000 shall be assessed as a lump sum payable in full
prior to license issuance. Any fee the total amount of which during the term of
the license is more than $10,000 may be assessed at the discretion of the
applicant as a lump sum payable in full prior to license issuance or as a
series of fixed annual payments which shall be required as a condition of the
license. The initial payment of such annual fee shall be paid in full prior to
the issuance of the license. All such fees shall be paid by certified check or
money order made payable to the Commonwealth of Massachusetts, DEP.
(e) Payment of occupation fee for existing
fill or structures
1.Any person who is granted
a license for existing fill or structures, the fee for which has not been paid,
shall pay the fee, if any, in effect at the time the license is
granted.
2.Any person who is
granted a license or license amendment for a water-dependent use project
involving a change in use or structural alteration to existing fill or
structures shall pay the occupation fee in effect at the time the license is
granted for any portion of the project site for which a lump sum occupation fee
has not been previously paid.
3.Any
person who is granted a license or license amendment for a nonwater-dependent
use project involving a change in use or structural alteration to existing fill
or structures shall pay the occupation fee in effect at the time the license is
granted for the entire project site; but shall be given credit for any lump sum
occupation fee previously paid for the portion of tidelands previously
occupied, pro-rated for the remaining term of the license. For purpose of
calculating the credit pursuant to 310 CMR
9.16(3)(e), the lump sum occupation
fee for any license with an unlimited term shall be pro-rated over a 30-year
period from the date said license was issued.
4.Notwithstanding 310 CMR
9.16(3)(e)2., any
person who is granted a license or license amendment for a private recreational
boating facility with long-term exclusive assignment of berths pursuant to
310 CMR
9.38(2)(a)2. shall pay the
fee in accordance with 310 CMR
9.16(3)(e)3.
(4)
Exemption from Fees for
Certain Projects.
(a)
Public Agencies. The fees described in 310 CMR
9.16(2)
and 9.16(3) shall not be applicable to a municipality or other public agency
undertaking a public service project, provided that said project does not deny
access to its services and facilities to any citizen of the Commonwealth in a
discriminatory manner.
(b)
Non-profit Organizations. The fees described in 310
CMR
9.16(2) and 9.16(3) shall not be applicable to a non-profit organization as
defined in
310 CMR
9.02, if:
1.the project is a facility of public
accommodation which does not deny access to its services and facilities to any
citizen of the Commonwealth in a discriminatory manner;
2.the project is not intended to generate
revenues in excess of that needed for construction, operation and maintenance
of the uses specified in the license; and
3.said organization has not been created for
the purpose of avoiding said fees while sheltering profits in another
entity.
(c)
Projects Authorized by Permits. The fees described in
310 CMR
9.16(2) and 9.16(3) shall not be applicable to any project authorized
by permit.
(d) Recreational boating
facilities authorized by the Metropolitan District Commission (MDC). For any
recreational boating facility authorized by the MDC, the occupation fees
described in 310 CMR
9.16(3) shall be reduced by the amount of any fee paid to
the MDC for occupation of a waterway.
(e) Projects licensed under the Simplified
Procedures for Small Structures Accessory to Residences pursuant to
310
CMR
9.10 shall be exempted from payment of
Tidewater Displacement Fees.
TABLE 1 - FEES
|
Application
Type
|
Permit
Code
|
Fee Reg Citation (310 CMR 4.00)
|
|
Determination of Waterways
Applicability
|
WW04
|
4.10(8)(d)
|
|
General License Certification
|
WW24
|
4.10(8)(f)(2)
|
|
Test Project Permit
|
WW25
|
4.10(8)(f)(3)
|
|
Combined Application with Water Quality
Certification and/or Notice of Intent
|
WW26
|
4.10(8)(1)
|
|
Combined Application for Amendment with Water Quality
Certification
|
WW27
|
4.10(8)(l)(1)
|
|
Chapter 91 Waterways License - Water-dependent
1
|
|
Water-dependent Residential Project, accessory to a
residential use of four units or less
|
WW01a
|
4.10(8)(a)
|
|
Other Water-dependent Use Projects
|
WW01b
|
4.10(8)(a)
|
|
Water-dependent License with extended
terms
|
WW01c
|
4.10(8)(a)
|
|
Chapter 91 Simplified
License
|
|
Water Dependent Use of Small Structures, Accessory to
Residence
|
WW06
|
4.10(8)(f)
|
|
Renewal, Water-dependent Use of Small Structures,
Accessory to Residence
|
WW12
|
4.10(8)(f)(1)
|
|
Chapter 91 Waterways License - Non
Water-dependent
|
|
Partial Initial Application - Non Water-dependent
Residential four units or less
|
WW14a
|
4.10(8)(a)(1)
|
|
Partial Initial Application - Other Non
Waterdependent Use Projects
|
WW14b
|
4.10(8)(a)(1)
|
|
Partial Initial Application Non Water-dependent Use
Project with Extended Terms
|
WW14c
|
4.10(8)(a)(1)
|
|
Full Initial Application - Non Water-dependent
Residential Use, four units or less
|
WW15a
|
4.10(8)(a)(2)
|
|
Full Initial Application - Other Non Waterdependent
Use Projects
|
WW15b
|
4.10(8)(a)(2)
|
|
Full Initial Application Non W-D Use Project with
Extended Terms
|
WW15c
|
4.10(8)(a)(2)
|
|
Application for License within an Approved Municipal
Harbor Plan - Residential Non Waterdependent Project, four units or
less
|
WW16a
|
4.10(8)(a)(3)
|
|
Application for License within an Approved Municipal
Harbor Plan, Other Non Waterdependent Projects
|
WW16b
|
4.10(8)(a)(3)
|
|
Application for License within an Approved Municipal
Harbor Plan, Non Water-dependent Use Project with Extended
Terms
|
WW16c
|
4.10(8)(a)(3)
|
|
1 Except for facilities
subject to 310 CMR 9.16(3)(b)(2), for which the applicable fees shall be the
same as those listed for license with extended terms
|
|
Application Type
|
Permit Code
|
Fee Reg Citation (310 CMR
4.00)
|
|
License Application with joint MEPA application,
Residential Non Water-dependent Projects, four units or less
|
WW17a
|
4.10(8)(a)(4)
|
|
License Application with joint MEPA application,
Other Non Water-dependent Projects
|
WW17b
|
4.10(8)(a)(4)
|
|
License Application Non Water-dependent Use Project
with joint MEPA application and extended terms
|
WW17c
|
4.10(8)(a)(4)
|
|
License or Permit Amendment
|
|
Chap 91 Amendment; Residential Water-dependent Use
Project, four units or less
|
WW03a
|
4.10(8)(c)
|
|
Chap 91 Amendment; Other Water-dependent Use
Projects
|
WW03b
|
4.10(8)(c)
|
|
Amendment; Residential Non Water-dependent Use
Project, four units or less
|
WW03c
|
4.10(8)(c)
|
|
Amendment; Other Non Water-dependent Use
Projects
|
WW03d
|
4.10(8)(c)
|
|
Amendment to License with extended
terms
|
WW03e
|
4.10(8)(c)
|
|
Certificate of Compliance
|
|
Certificate of Compliance:
Water-dependent
|
WW05a
|
4.10(8)(e)
|
|
Certificate of Compliance: Non
Water-dependent
|
WW05b
|
4.10(8)(e)
|
|
Certificate of Compliance: License with Extended
Terms
|
WW05c
|
4.10(8)(e)
|
|
Tidewater Displacement Fee (per cubic
yard)
|
Rate
|
|
Water-dependent Projects
|
$2.00
|
|
Non Water-dependent Projects
|
$10.00
|
|
Licenses with Extended Terms
|
$10.00
|
|
Any Small Scale Project under
310
CMR 9.10
|
N/A
|
|
Occupation Fee2 (per
square yard of land held by the Commonwealth)
|
Rate
|
|
Water-dependent Projects
|
$1.00 x term of license
|
|
Non Water-dependent Projects
|
$2.00 x term of license
|
|
Licenses with Extended Terms
|
Appraisal
|
|
Simplified License per
310
CMR 9.10
|
$1.00 x term of license
|
|
2 The fee is calculated by
multiplying the dollar rate shown by the length of the license term, in years,
and by the area of occupied land held by the Commonwealth. This is a fixed fee
for the term of the license and is assessed on a lump sum basis, except as
provided in 310 CMR 9.16(3)(d)
|
