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BILL AS INTRODUCED 2007-2008

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H.695

Introduced by Representatives Adams of Hartland and Komline of Dorset

Referred to Committee on

Date:

Subject:  Conservation; Act 250; fees

Statement of purpose:  This bill proposes to require that 30 percent of an applicant’s Act 250 fees shall be due before any hearing with the rest due upon issuance of a decision.

AN ACT RELATING TO THE PAYMENT OF ACT 250 FEES

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  10 V.S.A. § 6083a(a) is amended to read:

(a)  All applicants for a land use permit under section 6086 of this title shall be directly responsible for the costs involved in the publication of notice in a newspaper of general circulation in the area of the proposed development or subdivision and the costs incurred in recording any permit or permit amendment in the land records.  In addition, applicants shall be subject to the following fees for the purpose of compensating the state of Vermont for the direct and indirect costs incurred with respect to the administration of the Act 250 program.

(1)  The fees, 30 percent of which shall be due prior to a hearing on any application with the remainder due upon issuance of a permit decision, shall be the following:

(1)(A)  For projects involving construction, $4.75 for each $1,000.00 of the first $15,000,000.00 of construction costs, and $2.25 for each $1,000.00 of construction costs above $15,000,000.00.

(2)(B)  For projects involving the creation of lots, $100.00 for each lot.

(3)(C)  For projects involving exploration for or removal of oil, gas, and fissionable source materials, a fee as determined under subdivision (1)(A) of this subsection or $1,000.00 for each day of commission hearings required for such projects, whichever is greater.

(4)(D)  For projects involving the extraction of earth resources, including but not limited to sand, gravel, peat, topsoil, crushed stone, or quarried material, a fee as determined under subdivision (1)(A) of this subsection or a fee equivalent to the rate of $0.10 per cubic yard of maximum estimated annual extraction, whichever is greater.

(5)(E)  For projects involving the review of a master plan, a fee equivalent to $0.10 per $1,000.00 of total estimated construction costs in current dollars in addition to the fee established in subdivision (1)(A) for any portion of the project seeking construction approval.

(6)(2)  In no event shall a permit application fee exceed $135,000.00.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us