974 CMR, § 1.07 - Fees

(1) Unified Permit Fees.

(a) The Unified Permit fees cover all DEC activities from the Pre-permitting Conference through the Building Permit. The fee is based on the total value of all construction and improvements, including site preparation, construction, engineering and site testing, roads, paving, parking lots, landscaping, and other improvements. Such value shall be based on an estimate prepared and certified by an Engineer or other professional licensed and qualified to prepare such an estimate such as a "cost estimator." The cost of the building shall be included in the total value of all construction for the purposes of calculating the fee. Should the actual building construction cost exceed the estimate, the difference between the fee as calculated including the actual building costs and the fee paid shall be submitted before a building permit can be issued.

(b) Unified Permit Fee Calculation. The Unified Permit fee is comprised of a base fee and value increment based on building costs and lot improvements plus a value related to the size of the lot. In calculating the Unified Permit fee, the total gross value of the development shall be rounded up to the next $100,000. See 974 CMR 1.07: Table 1 for the how the fee is to be calculated.

TABLE 1: UNIFIED PERMIT FEE

Gross value of project (inclusive of the buildings and all site development work and infrastructure improvements)	Base fee	Plus value increment (if any)
$1,000,000 or less	$1,300	Plus $13 per $1000 of work above $100,000
$1,000,000 and above	$13,000	$11.00 for each additional$1000 in work above $1,000,000

(c) An Applicant shall pay at least 75% of the total fee (payable by certified or bank check) by the day of the final Pre-permitting Conference. The Director shall not issue a DOC until the 75% fee is paid. The remainder is due (payable by certified or bank check) prior to the issuance of the Unified Permit.

(d) Unified Permit fees are non-refundable after a Building Permit has been issued.

(2) Peer Review Fees.

(a) The DEC may seek review and analysis from outside consultants (peer review). Applicants shall pay a peer review fee covering 100% of the consultants' fees. Outside consultants employed by the DEC for plan review routinely include civil engineers, landscape architects, wetlands scientists, and attorneys and may, depending on level of complexities of a Submission or "special environmental conditions" (By-laws, Article III Section E.3.d), include additional professionals with specialized expertise.

(b) The hiring of peer review professionals shall be accomplished in accordance with the DEC's procurement provisions, including those for expedited hiring.

(c) The DEC may only use Peer Review fees paid by a particular Applicant for the project proposed by that Applicant. The DEC shall keep funds paid by an Applicant in a separate account. At the completion of the DEC's review of a project, the DEC shall reimburse the Applicant any excess amount in the account, including interest if any, and render a final accounting.

(d) The initial peer review fee deposit is calculated on the basis of $1000 per $10,000 of the Unified Permit fee. If the actual costs of the peer review exceed the peer review fee deposit, the additional costs shall be paid by the Applicant prior to the endorsement of plans or the issuance of a building permit .

(e) Peer review deposits shall be retained until the project is completed. The costs of construction monitoring subsequent to approval shall be charged to an Applicant's peer review fee deposit. If the actual costs exceed the deposit, the remainder shall be paid before the certificate of occupancy is issued.

(3) Individual Permit Fees. Component or individual permit fees are set forth in 974 CMR 1.07: Table 2. These fees apply when an Applicant is only seeking one permit as opposed to a Unified Permit.

TABLE 2: INDIVIDUAL PERMIT FEE SCHEDULE:

Level One Components	Fee	Notes or special Considerations
Level One Lotting Plan	$500 for the first lot plus $100 for each additional lot
Level One Development Plan	$500 plus peer review fees
Level One Building Permit ( building permit only, no Level Two hearing required)	$13/$1000 of value up to $1,000,000, with a minimum fee of $50
Wetlands Certificate of Compliance	$50
Certificate of Occupancy	$50 per occupied premises or building	Not included in the Unified Permit fee
Temporary Certificate of Occupancy	$500 per occupied premises or building
Extension of a Temporary Certificate of Occupancy	$1000 per occupied premises or building
Sign Permit (no waivers)	$50	May be waived if included with in a Unified Permit Submission
Tent Permit	$50/tent
Level One Wireless Facilities	$500 plus review fees
Wetlands Request for Determination of Applicability (RFD)	$100 for RFD	May be waived if included with in a Unified Permit Submission
Wetlands Notice of Intent/Order of Conditions	Per DEP Schedule	DEC's portion of fee waived if included within a Unified Permit Submission
Historic District Certificate of Appropriateness	$500, plus peer review fees for any specialized consultants required for review	May be waived if included with in a Unified Permit Submission
Sign Permit (requires Public Hearing)	$250	May be waived if included with in a Unified Permit Submission
Zoning Variance or Reconsideration	$500 for variance and $1000 for reconsideration
Board of Health action requiring a public hearing (e.g. DEC sitting as a Board of Health for a solid waste facility siting hearing)	$500, plus peer review fees for any specialized consultants required for review
Level Two Wireless Facilities	$2000 plus review fees and $200 processing fee
Other Fees:	Fee	Notes or special Considerations
Food Vendor Permit, mobile or fixed, temporary or permanent	As per Nashoba Associated Boards of Health fee schedule, directly charged to Applicant, see 3rd column as well	DEC reserves the right to levy fees for time and expenses, for cases requiring effort above the norm on the part of DEC staff and/or consultants
Other Board of Health Services and Inspections	As per Nashoba Associated Boards of Health fee schedule, directly charged to Applicant, see 3rd column as well, plus peer review fees for any specialized consultants required for review	DEC reserves the right to levy fees for time and expenses, for cases requiring effort above the norm on the part of DEC staff and/or consultants
Septic hauler/disposal license	$100/truck per annum
Liquor License	$2250 per annum, based on the calendar year, with prorated discount by month
Common Victualers License	$50 per annum, based on calendar year
Plumbing Permits*	Fee
Residential
Routine repairs	$50 per inspection
Base fee	$100
Additional, per fixture or unit	$10 each (in addition to base fee
Industrial - Commercial - Institutional
Base fee	$250
Additional, per fixture or unit	$10 each (in addition to base fee)
High Pressure Gas: Base fee	$400
Additional, per fixture or unit	$10 each (in addition to base fee)
Routine repairs (too minor for base fee as determined by the Inspector)	$100 per inspection
Electrical Permits*	Fee
Residential	In mixed residential and nonresidential areas, Industrial fees apply
Routine repairs	$50 per inspection
Base fee	$100
Industrial - Commercial - Institutional
Projects with electrical work totaling less than $50,000 - Base fee	$200
Service Upgrade or Capacity Rating per 100 AMP	Base fee of $200 plus
100 AMP	$100
200 AMP	$150
400 AMP	$250
600 AMP	$350
1000 AMP	$550
2000 AMP	$1050
Electrical Permits*	Fee
Routine repairs (too minor for base fee)	$100 per inspection
Electrical work between $50,001 and $100,000	base fee + $1000 = $1200
Electrical work between $100,001 and $200,000	$1700
Electrical work between $200,001 and $300,000	$2200
Electrical work between $301,000 and $400,000	$2700
Electrical work between $401,000 and $500,000	$3200
Temporary service	$50
Telephone/voice/data	$50 minimum
Alarm/Fire Circuit	$50 minimum

*In the event plumbing or electrical work is performed without a permit, the fee shall be triple that shown on the table. Charges for additional inspections and other work will be determined by the inspector.

(4) General.

(a) For permits or actions not listed in 974 CMR 1.07: Table 1 or 2, the Applicant shall make a written request to the Direct or for a determination of the amount of the required fee. The Director shall respond within seven days.

(b) Public Hearing Processing Fee. When a Public Hearing is required, the Applicant shall pay a processing fee to reimburse the DEC for the costs of advertising and postage which is the greater of $200 or 1% of the total Unified Permit fee.

(c) Refund Requests. All Level One fees are non-refundable. Withdrawal of a Level Two Submission prior to the public hearing shall be 50% refundable. After the public hearing has been held, 25% shall be refundable. In the event a Submission is withdrawn, the re-application requires a new fee, unless the DEC finds compelling reasons to waive it.

(d) When MassDevelopment or one or more of the Towns undertake projects of a municipal nature there will no fee incurred except the costs of peer review consultants required by the DEC and the processing fee.

Notes

974 CMR, § 1.07