1. (a) Payment. A permit application for noncoal mining activities shall be accompanied by a nonrefundable payment for the permit application fee payable to the ‘‘Commonwealth of Pennsylvania.’’ The applicable permit application fee amount is specified in subsection (e). For purposes of this subsection, permit applications include all of the applications listed in subsection (e).
2. (b) Assessment. The Department will assess an annual administration fee for each permitted activity and facility. For licensed mine operators, this annual administration fee will be assessed annually, will be collected as part of the mine operator’s license renewal application and will include the appropriate annual administration fee for each of the licensee’s permitted facilities. If the permittee is not required to maintain a mining license, a notice of the annual administration fee will be sent to the permittee for all of the permittee’s permitted facilities and the fee must be paid within 30 days of receipt of the notice. The applicable fee amounts are specified in subsection (f).
3. (c) Deposit of funds. Fees collected under this section and all enforcement cost recovery funds will be deposited in the Noncoal Surface Mining Conservation and Reclamation Fund. The fees collected under this section will be used by the Department for the purposes specified by the act.
4. (d) Regulatory amendment. At least every 3 years, the Department will recommend regulatory changes to the fees in this section to the EQB to address any disparity between the program income generated by the fees and program costs. The regulatory amendment will be based upon an evaluation of the program fees income and the Department’s costs of administering the program.

5. (e) Permit application fee schedule.

   1. (1) Effective January 1, 2020, the permit application fee schedule is as follows:

      (i) New Permits.	Fee
      Large Surface Mining Permit—Groundwater Pumping Authorized	$22,450
      Large Surface Mining Permit—No Groundwater Pumping	$15,000
      Small Surface Mining Permit	$600
      Underground Mining Permit	$22,450
      (ii) Major Amendments.	Fee
      Large Surface Mining Permit—Groundwater Pumping Authorized	$4,250
      Large Surface Mining Permit—No Groundwater Pumping	$1,775
      Underground Mining Permit	$2,950
      (iii) Minor Amendments.	Fee
      Large Surface Mining Permit	$775
      Small Surface Mining Permit	$200
      (iv) Transfers.	Fee
      Large Surface Mining Permit	$975
      Underground Mining Permit	$975
      (v) Other Actions.	Fee
      Bonding Increment	$500
      Completion Report Application	$650
      Blast Plan	$550
      Notice of Intent to Explore	$65
      Pre-applications	$3,750
      Renewal	$175

   2. (2) Effective January 1, 2022, the permit application fee schedule is as follows:

      (i) New Permits.	Fee
      Large Surface Mining Permit—Groundwater Pumping Authorized	$25,525
      Large Surface Mining Permit—No Groundwater Pumping	$17,025
      Small Surface Mining Permit	$675
      Underground Mining Permit	$25,525
      (ii) Major Amendments.	Fee
      Large Surface Mining Permit—Groundwater Pumping Authorized	$4,850
      Large Surface Mining Permit—No Groundwater Pumping	$2,000
      Underground Mining Permit	$3,350
      (iii) Minor Amendments.	Fee
      Large Surface Mining Permit	$900
      Small Surface Mining Permit	$225
      (iv) Transfers.	Fee
      Large Surface Mining Permit	$1,125
      Underground Mining Permit	$1,125
      (v) Other Actions.	Fee
      Bonding Increment	$550
      Completion Report Application	$750
      Blast Plan	$675
      Notice of Intent to Explore	$75
      Pre-applications	$4,250
      Renewal	$200

   3. (3) Effective January 1, 2024, the permit application fee schedule is as follows:

      (i) New Permits.	Fee
      Large Surface Mining Permit—Groundwater Pumping Authorized	$29,500
      Large Surface Mining Permit—No Groundwater Pumping	$19,750
      Small Surface Mining Permit	$775
      Underground Mining Permit	$29,500
      (ii) Major Amendments.	Fee
      Large Surface Mining Permit—Groundwater Pumping Authorized	$5,625
      Large Surface Mining Permit—No Groundwater Pumping	$2,350
      Underground Mining Permit	$3,900
      (iii) Minor Amendments.	Fee
      Large Surface Mining Permit	$1,050
      Small Surface Mining Permit	$250
      (iv) Transfers.	Fee
      Large Surface Mining Permit	$1,300
      Underground Mining Permit	$1,300
      (v) Other Actions.	Fee
      Bonding Increment	$650
      Completion Report Application	$875
      Blast Plan	$775
      Notice of Intent to Explore	$85
      Pre-applications	$4,950
      Renewal	$225

   4. (4) Effective January 1, 2026, the permit application fee schedule is as follows:

      (i) New Permits.	Fee
      Large Surface Mining Permit—Groundwater Pumping Authorized	$32,300
      Large Surface Mining Permit—No Groundwater Pumping	$21,625
      Small Surface Mining Permit	$850
      Underground Mining Permit	$32,300
      (ii) Major Amendments.	Fee
      Large Surface Mining Permit—Groundwater Pumping Authorized	$6,150
      Large Surface Mining Permit—No Groundwater Pumping	$2,575
      Underground Mining Permit	$4,275
      (iii) Minor Amendments.	Fee
      Large Surface Mining Permit	$1,150
      Small Surface Mining Permit	$275
      (iv) Transfers.	Fee
      Large Surface Mining Permit	$1,425
      Small Surface Mining Permit	$1,425
      (v) Other Actions.	Fee
      Bonding Increment	$700
      Completion Report Application	$950
      Blast Plan	$850
      Notice of Intent to Explore	$100
      Pre-applications	$5,425
      Renewal	$250

6. (f) Annual administration fee schedule.

   1. (1) Effective January 1, 2020, the annual administration fee schedule will be as follows:

      Permit Category—Permit Status	Annual Fee
      Large Surface Mining Permit—Active	$1,300
      Large Surface Mining Permit—Active with Blasting	$1,675
      Small Surface Mining Permit—Active	$400
      Small Surface Mining Permit—Active with Blasting	$550
      Underground Mining Permit—Active	$1,300
      General Permit	$400
      All Permits—Not Started	$125
      All Permits—Inactive	$125

   2. (2) Effective January 1, 2022, the annual administration fee schedule will be as follows:

      Permit Category—Permit Status	Annual Fee
      Large Surface Mining Permit—Active	$1,500
      Large Surface Mining Permit—Active with Blasting	$1,925
      Small Surface Mining Permit—Active	$450
      Small Surface Mining Permit—Active with Blasting	$625
      Underground Mining Permit—Active	$1,500
      General Permit	$450
      All Permits—Not Started	$150
      All Permits—Inactive	$150

   3. (3) Effective January 1, 2024, the annual administration fee schedule will be as follows:

      Permit Category—Permit Status	Annual Fee
      Large Surface Mining Permit—Active	$1,750
      Large Surface Mining Permit—Active with Blasting	$2,250
      Small Surface Mining Permit—Active	$500
      Small Surface Mining Permit—Active with Blasting	$700
      Underground Mining Permit—Active	$1,750
      General Permit	$500
      All Permits—Not Started	$175
      All Permits—Inactive	$175

   4. (4) Effective January 1, 2026, the annual administration fee schedule is as follows:

      Permit Category—Permit Status	Annual Fee
      Large Surface Mining Permit—Active	$1,925
      Large Surface Mining Permit—Active with Blasting	$2,475
      Small Surface Mining Permit—Active	$550
      Small Surface Mining Permit—Active with Blasting	$775
      Underground Mining Permit—Active	$1,925
      General Permit	$550
      All Permits—Not Started	$200
      All Permits—Inactive	$200

7. (g) The fees in subsections (e) and (f) will be adjusted by the Department every 2 years, beginning on January 1, 2026, based on the United States Bureau of Labor Statistics Employment Cost Index for State and Local Government Compensation, or an equivalent index recognized by the United States Department of Labor. The adjustment will be based upon the cost difference for the most recent 2-year period prior to the calculation. The fee schedule will be adjusted in increments of $25. The Department will provide the proposed fee schedule to the Aggregate Advisory Board for review prior to publication. The final adjusted fee schedule will be effective upon publication in the Pennsylvania Bulletin. The fees shall not be adjusted if application of the index would result in fees exceeding the Department’s costs of reviewing, administering and enforcing the permit.

Authority

The provisions of this § 77.106 amended under sections 7(a) and 11a of the Noncoal Surface Mining Conservation and Reclamation Act (52 P.S. § § 3307(a) and 3311(a)); section 6 of The Clean Streams Law (35 P.S. § 691.6); and section 1920A of The Administrative Code of 1929 (71 P.S. § 510-20).

Source

The provisions of this § 77.106 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643; amended October 12, 2012, effective October 13, 2012, except that the annual administration fee under subsection (b) is effective January 1, 2013, and applied to all mining licenses being renewed which have an expiration date occuring on or after January 1, 2013, 42 Pa.B. 6536; amended May 17, 2019, effective January 1, 2020, 49 Pa.B. 2491; amended December 26, 2025, effective January 1, 2026, 55 Pa.B. 8823. Immediately preceding text appears at serial pages (414994), (398539) to (398540) and (414995) to (414996).

Cross References

This section cited in 25 Pa. Code § 77.126 (relating to criteria for permit approval or denial).