Mining Permit Annual Regulatory Fee
To support the mined land reclamation program the legislature enacted the assesment 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 September of each year. Payment is due in October.
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 up to and including 10 acres
- $1,500 for mines greater than 10 up to and including 20 acres
- $2,000 for mines greater than 20 up to and including 30 acres
- $4,000 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 reclamation approvals obtained during the year.
The assessment and collection of the regulatory fee is handled through the Regulatory Fee Determination Unit.
In cases where fees are disputed, the Department may deny challenges to the amount of the regulatory program fee if:
(1) owners fail to make a request for recalculation of the fee within 30 business days of the date of the Department's original invoice;
(2) if an owner fails to make payment in full of the undisputed amount of the annual program fee; and when
(3) owners 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.
If you have any questions regarding a regulatory fee bill, you may call the Regulatory Fee Determination Unit's toll free information number (1-800-225-2566) between 9:00 a.m. to 12:00p.m., and 1:30 p.m. to 4:00p.m., Monday through Friday.
If you need forms to dispute the Department's Environmental Regulatory Fee call the Department's 24-hour toll free forms number (1-800-544-5252). This number is only to be used for forms requests. You may also obtain these forms by appearing in person at any of the Department's Regional Offices. 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.
