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Regulatory Fees

2-12-1 Processing Fees
2-12-2 Post Action Fees
2-12-3 Payment

The majority of the regulatory programs enacted by the General Assembly contain prescribed fees. With the exception of the permitting program within the Navigable Waterways Act, all of the regulatory programs administered by the Department contain a nonrefundable processing fee. These fees must be paid in full before the Department can initiate its review of an application.

2-12-1 Processing Fees:

With the exception of the permitting program within the Navigable Waterways Act, all of the regulatory programs administered by the Department contain a nonrefundable processing fee. These fees must be paid in full before the Department can initiate its review of an application.

A. Fees By Program:

The following table depicts the application processing fee as a function of the regulatory program.

Processing Fee
Code
Title
Fee
IC 14-26-2 Lake Preservation Act $ 100
IC 14-26-5 Lowering of Ten Acre Lakes Act $ 25
IC 14-28-1 Flood Control Act - choose one of the following
  All non-residential floodway construction projects $200
  Residential reconstruction in a floodway, other than the Ohio River floodway $50
  Residential construction, or reconstruction, in the Ohio River floodway $ 10
IC 14-29-1 Navigable Waterways Act No fee
IC 14-29-3 Sand and Gravel Permits Act $ 50
IC 14-29-4 Construction of Channels Act $100

B. Multiple Permits:

Example: The project requires a permit under both the Construction of Channels Act, and the Flood Control Act. The Construction of Channels Act processing fee is $100. However, the Flood Control Act processing fee will be one of three possibilities, depending on the type of floodway construction and the project location:

  • For all non-residential floodway construction projects
     
    Fee
    		 Amount
    Flood Control Act processing fee = $200
    The Construction of Channels Act processing fee = $100
    _______
    Total processing fee required = $300
  • For residential reconstruction in a floodway, other than the Ohio River floodway
     
    Fee
    		 Amount
    Flood Control Act processing fee = $ 50
    The Construction of Channels Act processing fee = $100
    _______
    Total processing fee required = $150
  • For residential construction, or reconstruction, in the Ohio River floodway
     
    Fee
    		 Amount
    Flood Control Act processing fee = $10
    The Construction of Channels Act processing fee = $100
    _______
    Total processing fee required = $110

2-12-2 Post Action Fees:

If a permit is issued under the provisions of the Sand and Gravel Permits Act, the statute requires the submission of 2 post action fees: surety bond and royalties.

  1. Surety Bond:

    The Act requires that as a condition of the permit "the permittee shall give bond in the amount and with surety approved by the Department for full and prompt compliance with the terms and conditions of the permit". The Navigable Waterways rule states that the bond must be in 1 of the following forms:
    1. a surety bond;
      1. a surety bond will not be accepted unless it is issued by a company holding an applicable certificate of authority from the Indiana Department of Insurance.
    2. a cash bond; or
    3. a certificate of deposit.
       
  2. Royalty Fee:

    In addition to the surety bond, the Sand and Gravel Permits Act also requires that the Department "... collect from the permittee ... the amount of the reasonable value of the mineral or substance taken, measured by weight, cubic dimensions, or other common and usual measurements". The rule states that the royalty value "... shall be as determined by the Department ...".

    There are certain occasions when the material removed from or under the bed of a navigable waterway either has little commercial value or can be used for public benefit. Under these circumstances the rule allows the Department to waive the royalty fee; however, the surety requirement remains in place. The rule states:

    "An extraction is exempt ... if the mineral is authorized by the Department for placement, and actually is lawfully placed, in either of the following:
    1. (1) Lake Michigan, for beach nourishment.
    2. (2) A landfill, as defined in IC 14-32-5-4.

2-12-3 Payment:

The fees prescribed by a regulatory program can be paid through any of the following methods. Do not submit a cash payment through the mail.

  1. For a nongovernmental entity:
    1. business check;
    2. personal check;
    3. cashier's check;
    4. certified check; or
    5. money order.
       
  2. For a governmental entity:
    1. governmental check;
    2. personal check;
    3. cashier's check;
    4. certified check;
    5. money order; or
    6. claim voucher.
       
  3. Checks or money orders should be made payable to:

    · Division of Water, Department of Natural Resources
     
  4. Checks must be signed by an authorized person.