OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Search conducted by:Joyce Zweben Scall Page 1 of 9

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 Acreage Annual Renewal Revision Do Fees Statute or

Application Fee Fee Fee Fee Cover Regulation

Fee Actual

Processing

Time

Cite

$2500 per $25 per N/A Revision Yes, Coal fees The permit Code of

application acre fee: Ranges are revised review fee Alabama,

+ acreage bonded from $100 when was 1975,

fee with each

application

- $1500:

$100 -

Transfer

fee, $250 -

Revision to

add small

acreage,

$750 -

necessary[Noncoal fees must

be revised by

statute change]

intended to

cover

review of

the 

application

and all

revisions

submitted

Section 9-

16-83(a)

authorized

rules and

regulations

effective

1982.

Regulation
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Search conducted by:Joyce Zweben Scall Page 2 of 9

Revision to

change

increment

lines or

reclamation

plans,

$1500 -

Major

revisions

requiring

public 

notice

by the 

applicant

during the

permit

review

process;

the fee is

inadequate

to 

compensate

for the

actual manhours

involved in

the review

process

Section

880-X-8B-

.07

ARKANSAS

Permit Acreage Annual Renewal Revision Do Fees Statute or

Application Fee Fee Fee Fee Cover Regulation

Fee Actual

Processing

Time

Cite

$500: $250 $500 or This annual There are There are The permit Arkansas

review fee + $30 per administrativ no no review fee Surface

a $ 250 acre e and references references was Coal

administrativ annual enforcement to fees to fees intended to Mining and

e and fee for all fee is under the under the cover Reclamatio

enforcement areas submitted on renewal revision review of n Code

fee for which the regulation regulation the (Code)

greater than will be anniversary s s application Section

250 ton affected date of the and all 771.25

exploration during the

following

12-month

period,

whicheve

r is 

greater

permit and

each

subsequent

year

revisions

submitted

by the 

applicant

during the

permit

review

process;

the fee is

inadequate

to
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Search conducted by:Joyce Zweben Scall Page 3 of 9

compensat

e for the

actual

man-hours

involved in

the review

process

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 Bond, when

required: $100

See

application

See

permit

Under

10%

Yes 405 KAR

year; 5:010 and
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Search conducted by:Joyce Zweben Scall Page 4 of 9

License fee:

$100 per

year

- $500 per

acre/minimum

bond; $2000

land affected

and license

fees

And

license

fees

change in total acres no 

fee. Over 10% change in

total acres fee is same as

permit fee

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
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Search conducted by:Joyce Zweben Scall Page 5 of 9

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 $6 per acre or See Acreage No 45.1-235 E
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Search conducted by:Joyce Zweben Scall Page 6 of 9

acre or any

fraction

thereof for

the total

acreage

permitted

any fraction

thereof for

areas

disturbed

under the

permit. Paid

on the permit

anniversary

annual

fee

fee applies

if revision

is to add

additional

acreage

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: 22A3-

19(a)(4)

ATTACHMENTS

A. TABLE OF FEES

B. COALEX State COMPARISON REPORT - 147

C. COMPARISON OF MINING PERMIT FEES FOR FIVE WESTERN States, compiled

January, 1990.

D. COMPARISON OF MINING PERMIT/REGULATORY FEES IN WESTERN States,

compiled by Mark Moxley, Wyoming DEQ-LQD, December, 1991.

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
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Search conducted by:Joyce Zweben Scall Page 7 of 9

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
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Search conducted by:Joyce Zweben Scall Page 8 of 9

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 reclaim. fee

Annual and renew fees

are same as acreage fees;

No reclaim. 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

reclaim. 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
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Search conducted by:Joyce Zweben Scall Page 9 of 9

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