Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 51 Pa.B. 4250 (July 31, 2021).

67 Pa. Code § 459.4. Permit fees.

§ 459.4. Permit fees.

 (a)  Permit application fees. Application fees charged to defray costs incurred by the Department in reviewing and processing the application and plans, including the preliminary review of the site location identified in the application, whether or not a permit is issued and processed shall be as follows:

   (1)  Application fee—$50.

   (2)  Supplement fee (each 6-month time extension) (each submitted change)—$10.

   (3)  Emergency permit card (each card)—$5.

 (b)  General permit inspection fees. General inspection fees charged to defray costs incurred by the Department in spot inspections of permitted work or subsequent inspections after the permitted work has been completed and to monitor compliance with the permit and this chapter shall be as follows:

   (1)  Surface openings. This fee is calculated on the total linear feet of the opening being permitted with different areas of the right-of-way.

     (i)   Total linear feet of opening (each 100 feet increment or fraction thereof):

       (A)   Opening in pavement—$40.

       (B)   Opening in shoulder—$20.

       (C)   Opening outside pavement and shoulder—$10.

     (ii)   If a longitudinal opening simultaneously occupies two or more highway areas identified in subparagraph (i), only the higher fee will be charged. Linear distances shall be measured to the nearest foot.

   (2)  Surface opening of less than 36 square feet—for example, service connections performed independently of underground facility installation, pipe line repairs—(each opening):

     (i)   Opening in pavement—$30.

     (ii)   Opening in shoulder—$15.

     (iii)   Opening outside pavement and shoulder—$10.

     (iv)   If an opening simultaneously occupies two or more highway areas identified in subparagraphs (i)—(iii), only the higher fee will be charged.

   (3)  Aboveground facilities (for example, poles, or guys or anchors if installed independently of poles).

     (i)   Up to ten physically connected aboveground facilities (each continuous group)—$20.

     (ii)   Additional aboveground physically connected facilities (each pole with appurtenances)—$2.

   (4)  Crossings (for example, overhead tipples, conveyors or pedestrian walk-ways, and undergrade subways or mines)—$80.

   (5)  Seismograph—Vibroseis method (for example, prospecting for oil or gas).

     (i)   First mile—$50.

     (ii)   Each additional mile or fraction therefore—$5.

   (6)  Nonemergency test holes in pavement or shoulder (each hole)—$5.

 (c)  Exemptions. Permit application fees and general permit inspection fees are not required from the following:

   (1)  The Commonwealth.

   (2)  Political subdivisions of this Commonwealth, except when placing a facility longitudinally within more than 100 total linear feet of pavement. In that case, the application and inspection fees for pavement openings will be charged under subsections (a), (b) and (d).

   (3)  Governmental authorities organized under the laws of this Commonwealth, except when placing a facility longitudinally within more than 100 total linear feet of pavement. In that case, the application and inspection fees for pavement openings will be charged under subsections (a), (b) and (d).

   (4)  The Federal government.

   (5)  Utility facility owners for:

     (i)   The installation or maintenance of highway lighting at the request of the Department or political subdivisions.

     (ii)   The replacement or renewal of their facilities prior to a Department maintenance project after notice from the Department.

     (iii)   The removal of poles and attached appurtenances.

     (iv)   Facilities moved at the request of the Department or political subdivisions.

     (v)   Reconstructing or maintaining their facilities which occupy the right-of-way under private status.

 (d)  Additional fees. If the Department anticipates that the cost of reviewing the required application information or inspecting the permitted work will exceed the application or inspection fees listed in this section by a significant amount, the following additional fees will be assessed:

   (1)  Additional application fee. The Department will estimate the additional amount of salary, overhead and expenses and prepare a reimbursement agreement for execution by the applicant. Department review of the permit application will commence on the effective date of the agreement.

   (2)  Additional inspection fees. If the Department determines that the permitted work is of sufficient magnitude or importance to warrant assignment of one or more persons to inspect the permitted work on a more than spot inspection basis, the permit will so indicate and the permittee shall be charged for additional salary, overhead and expenses incurred by the Department for inspection.

   (3)  Charge calculation. The charges will be calculated either on an actual cost basis or a standard unit cost basis.

   (4)  Invoices. The Department will provide an itemized invoice for additional fees owed to the Department.

 (e)  Refunds. The Department will refund the general permit inspection fees on unused permits. To be eligible to receive a refund, the permittee shall deliver the request with the permittee’s copy of the permit to the issuing district permit office on or before the permit expiration date.

   (1)  A refund processing fee of $10 shall be deducted from the general permit inspection fees.

   (2)  The permit application fee is not refundable.

 (f)  Miscellaneous fees. The applicant shall pay for notary and recording costs if it is determined by the Department that the permit shall be recorded in the county office of the recorder of deeds.

Authority

   The provisions of this §  459.4 amended under sections 411, 420 and 702 of the State Highway Law (36 P. S. § §  670-411, 670-420 and 670-702).

Source

   The provisions of this §  459.4 adopted July 13, 1979, effective August 13, 1979, 9 Pa.B. 2338; amended August 7, 1981, effective August 8, 1981, 11 Pa.B. 2779; amended July 16, 1982, effective July 10, 1982, 12 Pa.B. 2294; amended January 20, 1989, effective March 22, 1989, 19 Pa.B. 241. Immediately preceding text appears at serial pages (111376) to (111377) and (73625) to (73626).

Cross References

   This section cited in 67 Pa. Code §  459.3 (relating to permit application procedure); and 67 Pa. Code §  459.6 (relating to emergency work).



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