(a) Commercial structures (not in existence on August 7, 1992) shall be charged the following: annual fee not to exceed two percent of net annual income.

(b) Commercial structures (in existence and commercial use on or before August 7, 1992) shall be charged the following: annual fee not to exceed following percentage of net annual income:

(c) The net annual income upon which the fee is based shall include income derived from the earnings or rental of structures on State-owned lands underwater after deduction for associated operating and maintenance expenses and shall exclude earnings derived from operation not directly associated with the rental of such structures, such as the sale and repair of boats and the sale of gasoline. The commissioner may request the applicant to provide financial statements for the preceding two-year period in order to calculate the net annual income.

(d) As an alternative to income based fees, the commissioner, in cooperation and consultation with the marine trades industry, may develop a regional fee schedule based upon a market analysis of annual fees charged by marina facilities for slip rental and classified by factors such as location, access and condition, with appropriate deduction for related operating expenses. The regional fee will be expressed in terms of “dollars per foot of slip length” and remain subject to the fee guidelines of this section. In the event the regional fee schedule is developed, any marina owner disputing the regional fee shall have the opportunity to object to the imposition of the regional fee, pursuant to the terms of section 270-6.6 of this Subpart.

(e) No increase in the value of the dollar shall be permitted during the initial five-year period. Adjustments after the initial five-year period shall be based upon the Consumer Price Index (CPI-W) as provided by the United States Bureau of Labor Statistics.

(f) In the event calculation of net annual income from the nonexempt structure(s) is not possible based upon type of structure involved or the financial information provided by the applicant, the commissioner may appraise the structure using either the cost or market approach to value, as appropriate.

(g) In the event an annual permit is issued for the structure, the fee to be charged shall be discounted 10 percent.

(h) Payment of fees shall be made annually on the anniversary date of the lease, easement, permit or lesser interest. The commissioner may, upon request of the owner or user of the adjacent upland, agree to provide for different periodic payments or a more flexible payment structure than the fee caps and fees set forth herein.