(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).
Notes
The
provisions of this § 105.35 adopted September 10, 1971, effective
9/11/1971, 1 Pa.B. 1804;
reserved August 11, 1978, effective 8/28/1978, 8 Pa.B. 2229; amended September 26,
1980, effective 9/27/1980, 10
Pa.B. 3843; amended October 11, 1991, effective 10/12/1991, 21 Pa.B. 4911; amended January 7,
2011, effective 1/8/2011, 41
Pa.B. 219; amended February 15, 2013, effective 2/16/2013, 43 Pa.B.
967.
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).
This section cited in 25 Pa. Code §
105.25 (relating to transfer of
permits).
