Regulatory Authority: Devens Enterprise Commission
Agency Contact: Peter C. Lowitt
Phone: 978.772.8831 ext 3313
Address: 33 Andrews Parkway, Devens, MA 01434
Massachusetts Register Number 1211
Effective Date: June 2012


1.07: Fees

  1. Unified Permit Fees

      (a) The Unified Permit fees cover all DEC activities from the Pre Permitting Conference through the Building Permit. The fee is based on the total value of all construction and improvements, including site preparation, construction, engineering and site testing, roads, paving, parking lots, landscaping, and other improvements. Such value shall be based on an estimate prepared and certified by an Engineer or other professional licensed and qualified to prepare such an estimate such as a "cost estimator." The cost of the building shall be included in the total value of all construction for the purposes of calculating the fee. Should the actual building construction cost exceed the estimate, the difference between the fee as calculated including the actual building costs and the fee paid shall be submitted before a building permit can be issued.

      (b) Unified Permit Fee Calculation
      The Unified Permit fee is comprised of a base fee and value increment based on building costs and lot improvements plus a value related to the size of the lot. In calculating the Unified Permit fee, the total gross value of the development shall be rounded up to the next $100,000. See Table 1 for the how the fee is to be calculated.


      TABLE 1

    (c) An Applicant shall pay at least 75% of the total fee (payable by certified or bank check) by the day of the final Pre-Permitting Conference. The Director shall not issue a DOC until the 75% fee is paid. The remainder is due (payable by certified or bank check) prior to the issuance of the Unified Permit.

    (d) Unified Permit fees are non-refundable after a Building Permit has been issued.

  1. Peer Review Fees

      (a) The DEC may seek review and analysis from outside consultants (peer review). Applicants shall pay a peer review fee covering 100% of the consultants' fees. Outside consultants employed by the DEC for plan review routinely include civil engineers, landscape architects, wetlands scientists, and attorneys and may, depending on level of complexities of a Submission or "special environmental conditions" (By-Laws, Article III Section E.3.d), include additional professionals with specialized expertise.

      (b) The hiring of peer review professionals shall be accomplished in accordance with the DEC's procurement provisions, including those for expedited hiring.

      (c) The DEC may only use Peer Review fees paid by a particular Applicant for the project proposed by that Applicant. The DEC shall keep funds paid by an Applicant in a separate account. At the completion of the DEC's review of a project, the DEC shall reimburse the Applicant any excess amount in the account, including interest if any, and render a final accounting.

      (d) The initial peer review fee deposit is calculated on the basis of $1000 per $10,000 of the Unified Permit fee. For major and complicated projects, the initial peer review fee may be up to $2500 per $10,000 of the Unified Permit Fee, as determined by the Director. If the actual costs of the peer review exceed the peer review fee deposit, the additional costs shall be paid by the Applicant prior to the endorsement of plans or the issuance of a building permit.

      (e) Peer review deposits shall be retained until the project is completed. The costs of construction monitoring subsequent to approval shall be charged to an Applicant's peer review fee deposit. If the actual costs exceed the deposit, the remainder shall be paid before the certificate of occupancy is issued.

  2. Individual Permit Fees

    Component or individual permit fees are set forth in Table 2 below. These fees apply when an Applicant is only seeking one permit as opposed to a Unified Permit.


    TABLE 2