Code of Massachusetts Regulations
974 CMR - DEVENS ENTERPRISE COMMISSION
Title 974 CMR 1.00 - Administration
Section 1.07 - Fees
Universal Citation: 974 MA Code of Regs 974.1
Current through Register 1531, September 27, 2024
(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.
Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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