OAR 141-085-0545: Fees for Removal-Fill Applications

(1) Fees. The non-refundable fees for each application shall be a base application fee and a tier fee if applicable. Some applications may also require an annual fee, a variance fee, a modification fee, or a transfer fee. The fees are due as follows: (a) All applicants, except applicants for an emergency authorization, must pay the base application fee at the time of application submission. Applications that do not include the base application fee will receive an incompleteness determination under OAR 141-085-0555(3). If the Department determines that the amount of the base application fee submitted at the time of application is incorrect, that information will be included with the incompleteness determination. (b) The Department will notify all applicants, except applicants for an emergency authorization, of the appropriate preliminary tier fee at least 25 calendar days prior to the permit decision deadline. The Department may deny an application if the applicant does not pay the appropriate fee prior to the final permit decision deadline, unless the timeline is extended according to OAR 141-085-0560 subsection (b) or (c) for an individual permit or OAR 141-093-0115(2) for a general permit. (c) The applicant shall pay other fees (i.e., variance fee, modification fee, transfer fee) within 30 calendar days of notice from the Department that fees are outstanding. The Department may deny the request if the applicant does not pay the appropriate fees within 30 calendar days of the notice that fees are outstanding. (d) Base application fees and the tier fees for emergency authorizations shall be paid within 45 calendar days of receiving the authorization. Failure to pay the base application fee and tier fee shall be a basis to revoke or suspend the authorization under OAR 141-085-0780. (e) There is no application fee or tier fee for notifications submitted to the department for Exemptions for Certain Voluntary Habitat Restoration Projects (OAR 141-085-0534). However, if the department determines that the project is not exempt, the appropriate application fee and tier fee are required for the project. (2) Fee by Application Type. Fees for applications are based on the application type which is determined as follows: (a) Application Type A is for projects that are entirely not for profit. (b) Application Type B is for projects where any part of the project aims to generate profit. (3) The following base application fee applies to all applications: (a) Effective January 1, 2026 - $700, Application Type A and $2,100, Application Type B (b) Effective January 1, 2027 - $761, Application Type A and $2,284, Application Type B (b) Effective January 1, 2028 - $826, Application Type A and $2,477, Application Type B (d) Effective January 1, 2029 - $893, Application Type A and $2,679, Application Type B (e) Effective January 1, 2030 - $964, Application Type A and $2,892, Application Type B (4) Permit Tiers. During review of an application or permit modification, the Department will identify the applicable permit tier for the project. Refer to OAR 141-085-0545 (PDF, incorporated by reference) for the project criteria for each tier. (5) Tier Fees. The following are the project tier fees: (a) Effective January 1, 2026: (A) Tier 1 - $200, Application Type A and $600, Application Type B (B) Tier 2 - $800, Application Type A and $2,400, Application Type B (C) Tier 3 - $3,000, Application Type A and $9,000, Application Type B (D) Tier 4 - $5,000, Application Type A and $15,000, Application Type B (E) Tier 5 - $7,000, Application Type A and $21,000, Application Type B (b) Effective January 1, 2027: (A) Tier 1 - $341, Application Type A and $1,024, Application Type B (B) Tier 2 - $971, Application Type A and $2,914, Application Type B (C) Tier 3 - $1,551, Application Type A and $10,631, Application Type B (D) Tier 4 - $5,644, Application Type A and $16,931, Application Type B (E) Tier 5 - $7,744, Application Type A and $23,231, Application Type B (c) Effective January 1, 2028: (A) Tier 1 - $490, Application Type A and $1,469, Application Type B (B) Tier 2 - $1,151, Application Type A and $3,453, Application Type B (C) Tier 3 - $4,115, Application Type A and $12,344, Application Type B (D) Tier 4 - $6,320, Application Type A and $18,959, Application Type B (E) Tier 5 - $8,525, Application Type A and $25,574, Application Type B (d) Effective January 1, 2029: (A) Tier 1 - $645, Application Type A and $1,936, Application Type B (B) Tier 2 - $1,340, Application Type A and $4,020, Application Type B (C) Tier 3 - $4,714, Application Type A and $14,143, Application Type B (D) Tier 4 - $7,029, Application Type A and $21,088, Application Type B (E) Tier 5 - $9,345, Application Type A and $28,034, Application Type B (e) Effective January 1, 2030: (A) Tier 1 - $809, Application Type A and $2,426, Application Type B (B) Tier 2 - $1,538, Application Type A and $4,614, Application Type B (C) Tier 3 - $5,344, Application Type A and $16,031, Application Type B (D) Tier 4 - $7,775, Application Type A and $23,324, Application Type B (E) Tier 5 - $10,206, Application Type A and $30,617, Application Type B (6) For applications in Tier 5, if the department’s costs exceed the costs outlined in Section (5), an additional hourly rate will be charged. The Department will notify the applicant of the initial cost estimate and seek approval prior to initiating work. The hourly rate will be based on the actual costs at the time of service. (7) Annual Fees . For individual permits, and general permits, that are renewed or valid for up to 5 years, an annual fee is assessed for each year that the permit is in effect. The annual fee is due 45 days prior to the anniversary date of issuance of the permit. The Department may assess the fee for multi-year permits or renewal as a one-time fee for up to five years. The one-time fee for multi-year permits or renewal will be calculated using the annual fee for each year the permit is active. If a future year’s fee has not been set yet, the most recent available fee will be used instead. (a) Effective January 1, 2026 - $400 per year (b) Effective January 1, 2027 - $446 per year (c) Effective January 1, 2028 - $495 per year (d) Effective January 1, 2029 - $546 per year (e) Effective January 1, 2030 - $599 per year (8) Fees for Request for Modification of Permit Conditions or Transfer of an Authorization. (a) The following fees apply to a request from the authorization holder to either modify authorization conditions or transfer an individual permit or general permit: (A) Effective January 1, 2026 - $400 (B) Effective January 1, 2027 - $446 (C) Effective January 1, 2028 - $495 (D) Effective January 1, 2029 - $546 (E) Effective January 1, 2030 - $599 (b) Transfer or modification of an authorization will result in the Department re-evaluating the application type and permit tier. Any additional fee will be sent to the applicant in a notice that fees are outstanding before the transfer or modification is issued. The Department may deny a transfer or modification request if the applicant does not pay the appropriate fees within 120 calendar days of the notice that fees are outstanding. (9) Variance Fees. The following fees apply for requests to deviate from the permitted In-Water Work Window: (a) Effective January 1, 2026 - $100 per year (b) Effective January 1, 2027 - $105 per year (c) Effective January 1, 2028 - $110 per year (d) Effective January 1, 2029 - $116 per year (e) Effective January 1, 2030 - $122 per year [ED. NOTE: To view attachments referenced in rule text, click here to view rule.]