Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 9.00 - WATERWAYS
Section 9.16 - Fees
Current through Register 1531, September 27, 2024
(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:
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:
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.
(4) Exemption from Fees for Certain Projects.
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) |