(a) Prior to the Department issuing an encroachment permit, the applicant shall pay the Department for all application processing fees, review costs, and the estimated construction supervision and inspection costs.

(b) The Department shall charge an initial application fee to process and review an encroachment permit to use the Department's right-of-way. The initial application fee will be credited towards the total cost incurred by the Department to administer, review, and issue an encroachment permit, and inspect construction activities within Department's right-of-way. Department processing and review costs that exceed the initial application fee will be billed to the applicant with periodic invoicing reflecting the application processing and review costs as of the date of the invoice. The Department will suspend processing of an encroachment permit if these invoices are not paid.

(c) If the actual inspection costs exceed the estimated costs, any additional costs shall be paid by the applicant. If the actual costs are less than the estimated costs, the Department shall refund to the permittee the difference. A refund shall only be paid upon receipt of the as-built plans, which allows the Department to close out the encroachment permit process.