W. Va. Code R. § 47-34-18

Current through Register Vol. XLI, No. 24, June 14, 2024

Section 47-34-18 - Application and Annual Registration Fees

18.1. Application Fees - Each application submitted to place, construct, enlarge, alter, repair, remove or abandon a dam shall include an application fee. No fee, however, shall be assessed for dams designed and constructed by the soil conservation service for soil conservation districts. The following application fees apply:

18.1.a. The application fee for placement, construction, alteration, enlargement, repair, or approval of a dam is three hundred dollars.

18.1.b. The application fee for breaching, or abandonment of a dam is two hundred dollars.

18.1.c. The application fee for removal of a dam is one hundred dollars.

18.2. Annual Registration Fees - Owners of existing dams holding certificates of approval shall be assessed an annual registration fee. In accordance with provisions of the Dam Control and Safety Act, West Virginia Code § 22-14-7, existing certificates of approval will be extended for one year upon receipt of the annual registration fee, an inspection report in accordance with subsection 15.5., a monitoring and emergency action plan in accordance with subsection 15.6. and subsection 15.7., and a maintenance plan in accordance with subdivision 16.1.b.; Provided that where an approved, up-to-date: inspection report; monitoring and emergency action plan; and maintenance plan are on file in the Dam Safety Section, and where no outstanding violation(s) exist, then the certificate of approval will be extended without resubmission of the foregoing documents upon receipt of the annual registration fee. No fee shall be assessed, however, for dams designed and constructed by the soil conservation service for soil conservation districts. The following annual registration fees apply:

18.2.a. Class 4 dams shall be assessed twenty-five dollars.

18.2.b. Class 3 dams shall be assessed fifty dollars.

18.2.c. Class 2 dams shall be assessed seventy-five dollars

18.2.d. Class 1 dams shall be assessed one hundred dollars.

18.3. Any certificate of approval issued pursuant to W. Va. Code § 22-14-7 and this rule is void without notification to the person holding the certificate of approval when the annual registration fee is more than one hundred eighty (180) days past due. Resubmission of an application in accordance with section 5 is required where a certificate has become void due to failure to pay the appropriate annual registration fee within one hundred eighty (180) days of the date due.

W. Va. Code R. § 47-34-18