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OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

Library of COALEX Research Reports

COALEX Research Reports are the products of research and analysis conducted on specific issues relating to the regulation of Surface Mining Control and Reclamation Act of 1977. The research is conducted in response to requests for information from State Regulatory Authorities, under a cooperative agreement between the Office of Surface Mining (OSM) and the Interstate Mining Compact Commission (IMCC).

COALEX refers to the Library of Surface Mining Materials maintained by OSM in LEXIS-NEXIS and is a major source for the research.

Each Report includes a list of resources which were sent as attachments to the individual who requested the research. To obtain a copy of the attachments or to obtain any additional information, contact Joyce Zweben Scall by phone at 202-686-9138 or by email at JZScall@aol.com.


COALEX STATE COMPARISON REPORT - 238

December 1992

Shari Zook
Division of Reclamation
Department of Natural Resources
1855 Fountain Square Court, Bldg. H
Columbus, Ohio 43224-1387

TOPIC: PERMIT AND ACREAGE FEES (Updates Reports Nos. 147 & 17)

INQUIRY: Please survey the IMCC member states for the following information on coal mining permits: current fee requirements for permit applications, per acre charges, and permit renewal and revision fees. Describe the charges, where appropriate, e.g., indicate if the acreage fee is per "bonded acre".

SEARCH RESULTS: A survey of eleven IMCC member states was conducted via mailed questionnaire. The results of the survey appear below and are summarized in tabular form (see attached table). Copies of a 1990 survey of IMCC states plus two surveys of western states are


RESULTS OF THE SURVEY

ALABAMA

Permit
Application
Fee

Acreage
Fee

Annual Fee

Renewal
Fee

Revision
Fee

Do Fees Cover Actual Processing Time

Statute or Regulation Cite

$2500 per application + acreage fee

$25 per acre bonded with each application

N/A

Revision fee: Ranges from $100 - $1500: $100 - Transfer fee, $250 - Revision to add small acreage, $750 - Revision to change increment lines or reclamation plans, $1500 - Major revisions requiring public notice

Yes, Coal fees are revised when necessary[Non-coal fees must be revised by statute change]

The permit review fee was intended to cover review of the application and all revisions submitted by the applicant during the permit review process; the fee is inadequate to compensate for the actual man-hours involved in the review process

Code of Alabama, 1975, Section 9-16-83(a) authorized rules and regulations effective 1982. Regulation Section 880-X-8B-.07



ARKANSAS

Permit
Application
Fee

Acreage
Fee

Annual
Fee

Renewal
Fee

Revision
Fee

Do Fees Cover Actual Processing Time

Statute or Regulation Cite

$500: $250 review fee + a $ 250 administrative and enforcement fee for greater than 250 ton exploration

$500 or $30 per acre annual fee for all areas which will be affected during the following 12-month period, whichever is greater

This annual administrative and enforcement fee is submitted on the anniversary date of the permit and each subsequent year

There are no references to fees under the renewal regulations

There are no references to fees under the revision regulations

The permit review fee was intended to cover review of the application and all revisions submitted by the applicant during the permit review process; the fee is inadequate to compensate for the actual man-hours involved in the review process

Arkansas Surface Coal Mining and Reclamation Code (Code) Section 771.25



ILLINOIS

Permit
Application
Fee

Acreage
Fee

Annual
Fee

Renewal Fee

Revision Fee

Do Fees Cover Actual Processing Time

Statute or
Regulation Cite

See below

$125 per bonded acre for surface mined land

$5 per acre for each year bond is in force for all other areas. Can be paid in annual increments

None

None

Yes

62 Ill Adm Code 1777.17



INDIANA

Permit
Application
Fee

Acreage
Fee

Annual Fee

Renewal Fee

Revision
Fee

Do Fees Cover Actual Processing Time

Statute or Regulation Cite

None

None

N/A

None

None

$0.055 per ton of mined coal paid by all permittees to cover the state share of program costs

IC 13-4.1-3-2



KENTUCKY

Permit
Application
Fee

Acreage
Fee

Annual
Fee

Renewal Fee

Revision
Fee

Do Fees Cover Actual Processing Time

Statute or Regulation Cite

$25.00 per year;
License fee:
$100 per year

Bond, when required: $100 - $500 per acre/minimum bond; $2000 land affected

See application and license fees

See permit and licence fees

Under 10% change in total acres no fee. Over 10% change in total acres fee is same as permit fee

Yes

405 KAR 5:010 and 405 KAR 5:020



MARYLAND

Permit
Application
Fee

Acreage
Fee

Annual
Fee

Renewal
Fee

Revision
Fee

Do Fees Cover Actual Processing Time

Statute or Regulation Cite

See acreage fee

$12 per acre per year to a maximum of $1000; $30 per acre reclamation fee

See acreage fee

Same as application (acreage) fee. No reclamation fee

$100 plus new acreage fee, if acreage is added

Yes

Annotated Code of Maryland, Natural Resources Article, Section 7-6A-07.



MSSOURI

Permit
Application
Fee

Acreage
Fee

Annual Fee

Renewal Fee

Revision
Fee

Do Fees Cover Actual Processing Time

Statute or Regulation Cite

$100 per permit

$100 per acre. Fees are on all acreage permitted, not necessarily bonded; Fees are due when permit application is deemed complete

$100 per permit

$100 per permit

$100 for major revisions; $0 for minor revisions

No

444.820.1 RSMO Cum Supp 1990 (Surface Mining Law); 10 CSR 40-6.010(6) - Rules



OHIO

Permit
Application
Fee

Acreage
Fee

Annual
Fee

Renewal
Fee

Revision
Fee

Do Fees Cover Actual Processing
Time

Statute or
Regulation Cite

None

$75 per acre.

N/A

None

None

Yes

1513.07(B)(1)



PENNSYLVANIA

Permit
Application
Fee

Acreage
Fee

Annual Fee

Renewal
Fee

Revision Fee

Do Fees Cover Actual Processing Time

Statute or Regulation Cite

$250 per application for surface coal mines, underground mines and coal preparation plants; $500 per application for coal refuse disposal operations plus $10 per acre for acreage in excess of 50 acres

$50 per acre reclamation fee for new surface coal mines

N/A

$250 per application

None

No

25 Pa Code Section 86.17



VIRGINIA

Permit
Application
Fee

Acreage
Fee

Annual
Fee

Renewal Fee

Revision
Fee

Do Fees Cover Actual Processing Time

Statute or
Regulation cite

None.

$12 per acre or any fraction thereof for the total acreage permitted

$6 per acre or any fraction thereof for areas disturbed under the permit. Paid on the permit anniversary

See annual fee

Acreage fee applies if revision is to add additional acreage

No

45.1-235 E of Virginia Coal Surface Mining Control and Reclamation Act of 1979; VA.CSMRR 480-03-19.777.17 Permit fees



WEST VIRGINIA

Permit
Application
Fee

Acreage
Fee

Annual Fee

Renewal Fee

Revision
Fee

Do Fees Cover Actual Processing Time

Statute or
Regulation cite

$1000

$1000 to $5000 site specific bond per acre or fraction thereof

N/A

$2000

None

No

New Permit: 22A-3-8(f); Renewal: 22A-3-19(a)(4)



ATTACHMENTS

  1. TABLE OF FEES
  2. COALEX State COMPARISON REPORT - 147
  3. COMPARISON OF MINING PERMIT FEES FOR FIVE WESTERN States, compiled January, 1990.
  4. COMPARISON OF MINING PERMIT/REGULATORY FEES IN WESTERN States, compiled by Mark Moxley, Wyoming DEQ-LQD, December, 1991.

Survey conducted by: Joyce Zweben Scall



TABLES OF FEES

ALABAMA

Permit
Fees

Acreage
Fees

Renewal/
Annual Fees

Revision
Fees

Cover Time

$2500 + acre fee

$25 per bonded acre per application

$500 + $25 per bonded acre

$100 - Transfer fee; $250 - Revise: small acreage; $750 - Revise: reclamation plans; $1500 - Revise: major

Yes



ARKANSAS

Permit
Fees

Acreage
Fees

Renewal/
Annual Fees

Revision
Fees

Cover
Time

$500 ($250 for review + $250 for admin. & enforcement)

$500 or $30 per acre affected*

*These fees are paid on the anniversary of permit;
No renewal fee

None - Though intended to cover processing time, fees do not cover actual man-hours

No



ILLINOIS

Permit
Fees

Acreage
Fees

Renewal/
Annual Fees

Revision
Fees

Cover
Time

See acreage fees

$125 per bonded acre

$5 per acre each year bond in force;
No renewal fee

None

Yes



INDIANA

Permit
Fees

Acreage
Fees

Renewal/Annual Fees

Revision
Fees

Cover
Time

None

None

None

None

$.055 per ton - Per ton fee of mined coal is intended to cover state's share of program costs.



KENTUCKY

Permit
Fees

Acreage
Fees

Renewal/Annual Fees

Revision
Fees

Cover
Time

$25 + $100 license per year

$100 - $500 per acre/min.; $2000 land affected

See permit fees

Under 10% acre change = no fee; over 10% same as permit fees

Yes



MARYLAND

Permit
Fees

Acreage
Fees

Renewal/Annual
Fees

Revision
Fees

Cover
Time

See acreage fees

$12 per acre per year to max. of $1000; $30 per acre reclam. fee

Annual and renew fees are same as acreage fees;
No reclam. fee

$100 + new acre fee if acreage added

Yes



MISSOURI

Permit Fees

Acreage Fees

Renewal/Annual
Fees

Revision Fees

Cover Time

$100 per permit

$100 per acre permitted, not bonded

$100 per permit: annual and renewal fees

$100 - Fee is for major revisions. There is no fee for minor revisions.

No



OHIO

Permit Fees

Acreage Fees

Renewal/Annual Fees

Revision Fees

Cover Time

None

$75 per acre

None

None

Yes



PENNSYLVANIA

Permit Fees

Acreage
Fees

Renewal/Annual Fees

Revision
Fees

Cover
Time

$250 per application - Fee for surface coal mines, underground mines and coal preparation plants. Application fee for coal refuse disposal operations = $500 + $10 per acre for acreage in excess of 50 acres.

$50 per acre reclam. fee for new mines.

$250 to renew

None

No



VIRGINIA

Permit Fees

Acreage Fees

Renewal/Annual
Fees

Revision Fees

Cover Time

None

$12 per acre permitted

$6 per acre on permit anniversary

Acreage fee applies if revision adds acreage

No



WEST VIRGINIA

Permit
Fees

Acreage
Fees

Renewal/Annual Fees

Revision
Fees

Cover
Time

$1000

Bond: $1,000 - $5,000 per acre or fraction

$2000 to renew

None

No



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