Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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Pennsylvania Code



Subchapter L. LICENSES FOR RIGHTS-OF-WAY


Sec.


135.221.    Scope.
135.222.    Definitions.
135.223.    Application process and application and processing fee.
135.224.    Damage assessments.
135.225.    Annual fees and security requirements.

Authority

   The provisions of this Subchapter L issued under the Game and Wildlife Code, 34 Pa.C.S. § §  721(a) and 2102(a), unless otherwise noted.

Source

   The provisions of this Subchapter L adopted March 23, 2007, effective March 24, 2007, 37 Pa.B. 1309, unless otherwise noted.

§ 135.221. Scope.

 This subchapter provides for licensing rights-of-way across land to which title has been acquired for the Commission’s use. Except as noted, this subchapter does not apply to Letters of Authorization or leases for natural resources recovery that are approved by the Commission under other provisions of law.

§ 135.222. Definitions.

 The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:

   Application and processing fee—A one time cost recovery charge that reimburses the Commission in advance for some of the expected administrative costs incurred in the processing of right-of-way applications, assignments and amendments.

   Double stumpage—A multiple of two times the value of timber as calculated under standard operating procedure of the Commission.

   Inflationary provision—An automatic adjustment to the license fee.

   Late fee—A charge imposed upon license fees remaining unpaid after the due date.

   License fee—A yearly charge that compensates the Commission annually in advance for the privilege of using the property as outlined in the license.

   License for right-of-way—A revocable permission for uses as allowed under section 725 of the code (relating to rights-of-way, easements and licenses).

   Surface damage assessment—A one time cost recovery fee that reimburses the Commission in advance for loss of shrubs and herbaceous growth, wildlife food and cover, or other habitat and management impacts and environmental degradation, whether permanent or temporary in nature.

   Temporary road use permits—Temporary permit for use of existing State game lands roads which would otherwise be licenses for rights-of-way, but which are limited in duration to 12 months or less.

   Timber damage assessment—A one time cost recovery charge that reimburses the Commission in advance for timber damage, whether permanent or temporary in nature.

§ 135.223. Application and processing fee.

 (a)  Application. A person or entity requesting a license for right-of-way shall submit a completed application on a form supplied by the Commission. A description of alternatives considered in the project location and design shall be included with the application.

 (b)  Processing fee. A nonrefundable fee of $150 payable to the Pennsylvania Game Commission shall be submitted with the application. This fee is nonrefundable whether the license is approved or denied.

§ 135.224. Damage assessments.

 (a)  Surface damage assessment. A minimum fee of $400 per acre or partial acre, prorated for each acre over 1, will be charged.

 (b)  Timber damage assessment. Cutting of timber products shall be assessed the greater of double stumpage value or as assessed by conducting a comprehensive timber value assessment. Values for timber or areas not originally assessed but damaged during the construction process, may be assessed at any time and billed to the licensee.

 (c)  Multiple assessment. Both surface damage assessments and timber damage assessments will be charged.

§ 135.225. Annual fees and security requirements.

 (a)  License fee. The Commission will negotiate charges and fees as it deems conditions and circumstances warrant, with an assessed minimum annual license fee consisting of an areal minimum of $200 per acre or partial acre impacted, prorated for every acre over 1, plus a linear minimum of 5¢ per foot. Rates and fees established may be adjusted annually in accordance with the Consumer Price Index (CPI) of the immediately preceding license year.

 (b)  Late fees. Late fees may be assessed in accordance with Commonwealth or Commission policies, or regulations governing late payments.

 (c)  Security requirements. Licenses shall require a bond or other security. The amount of the bond shall be based upon the estimated cost of the removal of the facilities, reclamation and revegetation of the site. Licenses which include reclamation, revegetation and maintenance of Commission roads require security at a minimum of $2,500 per mile.



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