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6135.0400 FEE SCHEDULES.

Subpart 1.

Purpose.

The following fees defray administrative costs and provide a reasonable return for private use of public land or water.

Subp. 2.

Application fee.

The applicant shall include $500 with each application for a license to construct utility crossings over or under public lands. An application may contain more than one crossing.

The applicant shall include $500 with each application for a license to construct utility crossings over or under public waters. An application may contain more than one crossing. In the case of underwater crossings, the application fee charged shall satisfy the application fee requirements of parts 6115.0010 to 6115.0100 but the crossings shall be subject to all inspection and monitoring fees required by law or regulation.

The checks shall be made payable to the commissioner of management and budget. The commissioner will acknowledge the receipt of the application, indicating whether or not the correct application fee was included. The commissioner will take no other action on the application until the commissioner has received the correct fee. The commissioner will not return application fees, even if the application is withdrawn or denied.

Subp. 3.

Utility crossing fees.

One-time payment fees securing a 50-year license, made payable to the state treasurer, shall be established for two classes of utility crossings as follows:

A.

Fees for crossing of public waters:

(1)

for utility crossings under public waters involving a disturbance of less than ten feet in width at the water's edge, Rate Table I in part 6135.0520 shall apply;

(2)

for utility crossings under public waters involving a disturbance of ten feet or more in width at the water's edge, Rate Table II in part 6135.0620 shall apply;

(3)

for utility crossings over public waters, Rate Table III in part 6135.0720 shall apply.

B.

Fees for crossing of public lands:

(1)

for utility crossings over, under, or across public lands, Rate Table IV in part 6135.0820 shall apply; and

(2)

the minimum utility crossing fee for any utility crossings of public lands shall be $28.

Subp. 4.

Option for 25-year license.

An applicant may request a 25-year license instead of a 50-year license. In such a case, a one-time payment fee securing a 25-year license shall be established based on 60 percent of the fee for a 50-year license as computed under subpart 3 and Rate Tables I to IV in parts 6135.0520 to 6135.0820.

Subp. 5.

Renewal of license.

At the end of the license period if both parties wish to renew, the renewal fee and time period will be determined by such methods as are developed by the commissioner or a successor.

Subp. 6.

Scope of application fees.

Application fees required under these parts shall be charged for all applications received after the effective date of these parts.

The license fees required under these rules shall apply to all licenses which have not been fully executed at the effective date of these parts.

Statutory Authority:

MS s 84.415; L 2003 c 128 art 1 s 158

History:

15 SR 1362; L 2003 c 112 art 2 s 50; 28 SR 545; L 2009 c 101 art 2 s 109

Published Electronically:

August 7, 2009

Official Publication of the State of Minnesota
Revisor of Statutes