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Mining Permit Annual Regulatory Fee

To support the mined land reclamation program the legislature enacted the assessment of Environmental Regulatory Program Fees. These fees are due annually for all mines that are subject to regulation until a mine has been reclaimed and the reclamation has been approved by the Department. The billing cycle is based on the calendar year and bills are sent out in August of each year. Payment is due in September.

As required under Article 72-1003 of the Environmental Conservation Law, an annual regulatory fee based upon affected mined acreage is assessed as follows:
(Federal, State and local governments are not subject to fees.)

  • $400 for "minor" projects
  • $700 for mines up to and including 5 acres
  • $900 for mines greater than 5 acres up to and including 10 acres
  • $1,500 for mines greater than 10 acres up to and including 20 acres
  • $4,000 for mines greater than 20 acres up to and including 30 acres
  • $8,000 for mines greater than 30 acres

The annual regulatory fee continues until the site is released from jurisdiction. Mined Land Reclamation Environmental Regulatory Program fees are based on mine size and may be prorated for final or concurrent reclamation approvals obtained during the year.

The assessment and collection of the regulatory fee is handled through the Regulatory Fee Determination Unit. If you have any questions regarding a regulatory fee bill, you may call the Regulatory Fee Determination Unit's information number 518-402-9343 between 9:00 a.m. to 12:00p.m., and 1:30 p.m. to 4:00p.m., Monday through Friday.

If you believe your invoice is incorrect and you wish to challenge the amount of the annual program fee, you must request a recalculation on the "Recalculation Request Form". The request must be received by the Department within thirty business days of the date of the department's original invoice. There are three methods to obtain the forms:

  1. Download the Regulatory Fee Dispute/Recalculation Form (PDF, 33Kb) directly from our website;
  2. You may also obtain these forms by appearing in person at any of the Department's Regional Offices.

In cases where fees are disputed, the Department may deny challenges to the amount of the regulatory program fee if:

  1. The permittee fails to make a request for recalculation of the fee within 30 business days of the date of the Department's original invoice;
  2. If a permittee fails to make payment in full of the undisputed amount of the annual program fee; and when
  3. Permittees fail to give a specific reason for challenging the fee. A new recalculation request must be submitted for each year's assessment, regardless of the status of a recalculation request that may be filed for a previous year. Interest is assessed whenever payment is not made within 30 days. Penalties are assessed whenever payment is not made within 45 days.

Additional information regarding the regulatory fees and information for transferring a mine to another permittee is available on this website.

If you have any questions regarding the facts that the bill is based on, you may contact a Regional Mined Land Reclamation Specialist, once you have obtained the appropriate dispute forms. Fee challenges are not accepted or denied by Regional staff and collection of unpaid fees, penalties, and interest is done by referral to the New York State Attorney General, Civil Collection Bureau.