reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter D - STREAM ENCLOSURES › PERMITS › Section 105.191 - Permit applications for construction or modification of stream enclosures

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the information required by §
													105.13 (relating to permit
							 applications-information and fees), applications for permits under this
							 subchapter for the construction and modification of stream enclosures shall
							 contain the following information:
(1)
						  The location, type, size and height of the proposed stream enclosure.
(2) A profile of the stream for a reasonable
						  distance above and below the proposed site showing slopes of bed, normal water
						  surface and flood water surface.
(3) Estimates of flood frequencies and flood
						  flows at the site of the proposed structure, including such information as can
						  be reasonably obtained regarding actual rainfall and flood flow records on the
						  stream.
(4) An analysis of the
						  hydraulic capacity of the proposed structure.
(5) A description of the purposes of the
						  proposed structure.
(6) A complete
						  listing and description of other enclosures and culverts, bridges, dams and
						  other water obstructions located a reasonable distance upstream and downstream
						  of the proposed enclosure.
(7)
						  Proof of title or adequate flowage and other easements for lands included in
						  the site of the proposed structure, including lands which may be subject to
						  flooding by backwater from the structure during a 100-year flood.
(8) Other information as the Department may
						  require.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter D - STREAM ENCLOSURES › PERMITS › Section 105.192 - Permit applications for operation and maintenance of existing stream enclosures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In
						  addition to information required by §
													105.13 (relating to permit
						  applications-information and fees), a permit application for the operation and
						  maintenance of existing stream enclosures shall give the following information:
(1) The location, type, size and height of
						  the proposed stream enclosure.
(2)
						  A profile of the stream for a reasonable distance above and below the existing
						  site.
(3) An analysis of the
						  hydraulic capacity of the existing structure.
(4) A description of the purposes of the
						  existing structure.
(5) Other
						  information the Department may require.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter D - STREAM ENCLOSURES › CRITERIA FOR APPROVAL OF CONSTRUCTION OR MODIFICATION › Section 105.201 - Hydraulic capacity

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						  stream enclosure shall be designed and constructed to pass the flows from a
						  flood of 100-year frequency, with no more than a 1.0-foot increase in the
						  100-year water surface elevation over the water surface elevation of the
						  natural unimpeded 100-year flow, except where the stream enclosure would be
						  located in a floodway which is delineated on a FEMA map in which case no
						  increase in the 100-year water surface elevation will be permitted. The
						  100-year discharge shall be based upon the degree of development of the
						  contributing watershed projected throughout the lifetime of the structure. The
						  Department may require capacity in excess of that necessary to carry the flows
						  from a 100-year flood if it determines the capacity is necessary to protect the
						  structure or to assure the safety of life and property upstream or downstream
						  of the enclosure.
(b) An exception
						  to the criteria of subsection (a) may be approved by the Department if the
						  applicant prepares a risk assessment which demonstrates, and the Department
						  finds, that the structure will not significantly increase the flooding threat
						  to life, property or the environment, and if applicable, is consistent with
						  municipal floodplain management programs adopted pursuant to the National Flood
						  Insurance Program and a FEMA Flood Insurance Study. This information can be
						  obtained from the Department of Community Affairs, Floodplain Management
						  Division, Forum Building, Harrisburg, Pennsylvania 17120.
The provisions of this §
															105.201 amended under the Dam
								Safety and Encroachments Act (32 P. S. §§
																693.1-693.27); The Clean Streams Law
								(35
								P. S. §§
																691.1-691.1001); section 7
								of the act of June 14, 1923 (P. L. 704, No. 294) (32 P. S. §
																597); sections 514, 1901-A, 1908-A, 1917-A
								and 1920-A of The Administrative Code of 1929 (71 P. S. §§
																194,
								510-1,
								510-8,
								510-17 and
								510-20); and the Flood Plain
								Management Act (32 P. S. §§
																679.101-679.601).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter D - STREAM ENCLOSURES › CRITERIA FOR APPROVAL OF CONSTRUCTION OR MODIFICATION › Section 105.202 - Local government approval

Current through Register Vol. 54, No. 28, July 13, 2024
No political subdivision may issue a building or
							 other permit which allows for the construction of a stream enclosure unless and
							 until the Department has approved the enclosure.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter D - STREAM ENCLOSURES › MAINTENANCE › Section 105.211 - Maintenance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Stream
						  enclosures shall be maintained in accordance with §§
													105.171 and
						  105.172 (relating to maintenance;
						  and inadequate or collapsed structures).
(b) Stream enclosures shall include
						  provisions for adequate access to allow maintenance of the entire length of the
						  enclosure. The access points shall be protected, to the maximum extent
						  possible, in a manner which will prevent the entrance of unauthorized
						  persons.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter E - CHANNEL CHANGES AND DREDGING FOR FACILITY CONSTRUCTION AND MAINTENANCE › Section 105.221 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
Except as provided in §§
												105.3 and
						  105.12 (relating to scope; and
						  waiver of permit requirements), this subchapter applies to channel changes in
						  the regulated waters of this Commonwealth, and to dredging in the regulated
						  waters of this Commonwealth conducted for purposes of construction, operation
						  or maintenance of a dam, water obstruction or encroachment.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter E - CHANNEL CHANGES AND DREDGING FOR FACILITY CONSTRUCTION AND MAINTENANCE › Section 105.222 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter E - CHANNEL CHANGES AND DREDGING FOR FACILITY CONSTRUCTION AND MAINTENANCE › Section 105.223 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter E - CHANNEL CHANGES AND DREDGING FOR FACILITY CONSTRUCTION AND MAINTENANCE › Section 105.224 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter E - CHANNEL CHANGES AND DREDGING FOR FACILITY CONSTRUCTION AND MAINTENANCE › PERMITS › Section 105.231 - Permit applications for construction or modification of channel changes and dredging for facility construction and maintenance

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Construction or modification of
						  channel changes.
Construction or modification of channel changes
						  includes the following:
(1) In addition to the
						  information required by §
														105.13 (relating to permit
						  applications-information and fees), permit applications under this subchapter
						  for the construction or modification of channel changes shall contain the
						  following information:
(i) The location and
						  length of the proposed channel change.
(ii) A stream profile for a reasonable
						  distance upstream and downstream of the proposed change, showing bed slopes,
						  normal water surface and depths, flood water surfaces, existing obstructions
						  and the location of public and industrial water supply intake.
(iii) Cross-channel sections necessary to
						  indicate the scope of the proposed work.
(iv) Estimates of flood frequencies and flood
						  flows at the site of the proposed channel change, including information
						  reasonably available regarding actual rainfall and flood flow records on the
						  stream.
(v) A description of the
						  purposes of the proposed channel change.
(vi) A plan for the disposal of excavated
						  material.
(vii) Proof of title or
						  adequate flowage and other easements for lands included in the site of the
						  proposed channel change.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter E - CHANNEL CHANGES AND DREDGING FOR FACILITY CONSTRUCTION AND MAINTENANCE › PERMITS › Section 105.232 - Maintenance dredging

Current through Register Vol. 54, No. 28, July 13, 2024
Permits issued for the construction, operation and
							 maintenance of water obstruction or encroachment shall include specific
							 authorization for maintenance dredging.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter E - CHANNEL CHANGES AND DREDGING FOR FACILITY CONSTRUCTION AND MAINTENANCE › PERMITS › Section 105.233 - Removal of sand, gravel and other valuable minerals

Current through Register Vol. 54, No. 28, July 13, 2024
The removal of sand, gravel or other valuable
							 minerals from submerged lands of this Commonwealth in quantities which are
							 commercially usable or marketable, in conjunction with a channel change or
							 dredging permitted under this chapter, shall be subject to the royalty and
							 agreement provisions of the act of July 31, 1970 (P. L. 699, No. 225) and the
							 act of December 3, 1970 (P. L. 834, No. 275) (71 P. S. §
														468) (repealed).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter E - CHANNEL CHANGES AND DREDGING FOR FACILITY CONSTRUCTION AND MAINTENANCE › CRITERIA FOR APPROVAL FOR CONSTRUCTION OR MODIFICATION › Section 105.241 - Flood effect

Current through Register Vol. 54, No. 28, July 13, 2024
No channel change which creates a flooding potential
							 greater than that created by the natural conditions of the existing channel
							 will be approved.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter E - CHANNEL CHANGES AND DREDGING FOR FACILITY CONSTRUCTION AND MAINTENANCE › CRITERIA FOR APPROVAL FOR CONSTRUCTION OR MODIFICATION › Section 105.242 - Channel alignment and cross section

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Abrupt bends in channel changes are
						  prohibited, unless necessitated by the alignment of existing bridges or
						  encroachments.
(b) The relocated
						  channel shall rejoin the natural channel of the stream at a point on the
						  permittee's property to insure that alignment of stream flow at the downstream
						  property line is identical to the flow alignment prior to the channel
						  change.
(c) A grade of the changed
						  channel shall not be significantly greater than or significantly less than the
						  grade of the original channel, unless the length of the relocated channel
						  requires.
(d) Where the width of a
						  channel change is greater than the width of the preexisting channel, provision
						  shall be made to assure proper depth and velocity of normal flows, subchannels
						  and installation of stream habitat improvement devices.
(e) In streams having substantial fisheries
						  value, provision shall be made in channel changes to maintain existing
						  pool-riffle ratios.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter E - CHANNEL CHANGES AND DREDGING FOR FACILITY CONSTRUCTION AND MAINTENANCE › CRITERIA FOR APPROVAL FOR CONSTRUCTION OR MODIFICATION › Section 105.243 - Temperature of water and shading

Current through Register Vol. 54, No. 28, July 13, 2024
Channel changes shall be so designed and implemented
							 to assure that the water temperature does not substantially increase over that
							 in the preexisting channel. Where necessary, provisions shall be made to
							 provide adequate shading of the relocated channel to duplicate, to the maximum
							 extent possible, the preexisting conditions.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter E - CHANNEL CHANGES AND DREDGING FOR FACILITY CONSTRUCTION AND MAINTENANCE › CRITERIA FOR APPROVAL FOR CONSTRUCTION OR MODIFICATION › Section 105.244 - Protection of fish life

Current through Register Vol. 54, No. 28, July 13, 2024
A low flow channel and habitat improvement device
							 will be required when, in the opinion of the Fish Commission, it is necessary
							 to provide a satisfactory channel for maintenance of fish life.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter E - CHANNEL CHANGES AND DREDGING FOR FACILITY CONSTRUCTION AND MAINTENANCE › CRITERIA FOR APPROVAL FOR CONSTRUCTION OR MODIFICATION › Section 105.245 - Disposal of waste materials

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  Discharge of dredged material into the regulated waters of this Commonwealth
						  shall be subject to Subchapter J (relating to discharges of dredged and fill
						  material).
(b) Dredged spoil and
						  sludge deposits collected during the operation shall be deposited in a location
						  and a manner approved by the Department.
(c) Bilge, ballast or wastewater from
						  dredging operations shall not be discharged to the stream without removal of
						  oils, petroleum products or toxic or hazardous compounds as defined by the
						  Conservation and Recovery Act of 1976 (42 U.S.C.A. §§
														6901-6986) in a manner approved by the
						  Department.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter F - FILLS, LEVEES, FLOODWALLS AND STREAMBANK RETAINING DEVICES › GENERAL PROVISIONS › Section 105.251 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
Except as provided in §§
													105.3 and
							 105.12 (relating to scope; and
							 waiver of permit requirements), this subchapter applies to the construction,
							 alteration, enlargement, repair or removal of fills, levees, floodwalls and
							 streambank retaining walls located in or along the regulated waters of this
							 Commonwealth.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter F - FILLS, LEVEES, FLOODWALLS AND STREAMBANK RETAINING DEVICES › GENERAL PROVISIONS › Section 105.252 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter F - FILLS, LEVEES, FLOODWALLS AND STREAMBANK RETAINING DEVICES › GENERAL PROVISIONS › Section 105.253 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter F - FILLS, LEVEES, FLOODWALLS AND STREAMBANK RETAINING DEVICES › GENERAL PROVISIONS › Section 105.254 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter F - FILLS, LEVEES, FLOODWALLS AND STREAMBANK RETAINING DEVICES › GENERAL PROVISIONS › Section 105.255 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter F - FILLS, LEVEES, FLOODWALLS AND STREAMBANK RETAINING DEVICES › GENERAL PROVISIONS › Section 105.256 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter F - FILLS, LEVEES, FLOODWALLS AND STREAMBANK RETAINING DEVICES › PERMITS › Section 105.261 - Permit applications for construction or modification of fills, levees, floodwalls and streambank retaining devices

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the information required by §
													105.13 (relating to permit
							 applications-information and fees), applications for permits for construction
							 or modification of structures under this subchapter shall contain the following
							 information:
(1) A plan detailing the
						  location of the structures and properties 1000 feet upstream and downstream of
						  the proposed fill, levee or similar structure and within the flood plain of the
						  flood of record on both sides of the stream or body of water.
(2) Basement and first floor elevations of
						  structures indicated on the plan required by paragraph (1).
(3) A complete hydraulic and hydrologic
						  report on the proposed project, including, if the Department so requires, a
						  backwater analysis of the project.
(4) Complete cross sections of the stream and
						  floodway of the flood or record.
(5) Stream profiles showing the bed slope and
						  the normal and flood water elevations for points sufficiently upstream and
						  downstream in effect on the project.
(6) The type of materials to be used on the
						  fill, levee or similar structure.
(7) Plans for the protection of the fill,
						  levee or similar structure from erosion, both during and after
						  construction.
(8) The design flood
						  for the fill, levee or similar structure.
(9) A copy of the local flood plain
						  management regulations or ordinances.
(10) Plans for interior drainage.
(11) Other information as the Department may
						  require.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter F - FILLS, LEVEES, FLOODWALLS AND STREAMBANK RETAINING DEVICES › PERMITS › Section 105.262 - Permit applications for existing fills, levees, floodwalls and streambank retaining devices

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the information required by §
													105.13 (relating to permit
							 applications-information and fees), applications for permits for existing
							 structures under this subchapter shall contain the following
							 information:
(1) A plan detailing the
						  location of the existing fill, levee, floodwall or streambank retaining
						  device.
(2) Cross sections of the
						  stream and floodway.
(3) The type
						  of all materials used in the fill, levee, floodwall or streambank retaining
						  device.
(4) Plans of interior
						  drainage, if available.
(5) Other
						  information as the Department may require.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter F - FILLS, LEVEES, FLOODWALLS AND STREAMBANK RETAINING DEVICES › DESIGN CRITERIA FOR APPROVAL FOR CONSTRUCTION OR MODIFICATION › Section 105.271 - General criteria

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						  application for a proposed levee, fill or similar structure in or along the
						  regulated waters of this Commonwealth will not be approved by the Department
						  where one or more of the following will occur:
(1) It will increase flood heights, either on
						  the opposite bank or upstream and flood easements or flood protection has not
						  been provided.
(2) It will create
						  erosive velocities in the stream and appropriate protection has not been
						  provided.
(3) It will increase
						  flood damages downstream through a loss of flood plain
						  storage.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter F - FILLS, LEVEES, FLOODWALLS AND STREAMBANK RETAINING DEVICES › DESIGN CRITERIA FOR APPROVAL FOR CONSTRUCTION OR MODIFICATION › Section 105.272 - Waste materials

Current through Register Vol. 54, No. 28, July 13, 2024
Waste materials of any type may not be used in the
							 construction of fills, levees or similar structures, except under the Solid
							 Waste Management Act (35 P. S. §§
														6018.101-6018.1003), the Municipal Waste
							 Planning, Recycling and Waste Reduction Act (53 P. S. §§
														4000.101-4000.1904) and related rules and
							 regulations.
The provisions of this §
															105.272 amended under the Dam
								Safety and Encroachments Act (32 P. S. §§
																693.1-693.27); The Clean Streams Law
								(35
								P. S. §§
																691.1-691.1001); section 7
								of the act of June 14, 1923 (P. L. 704, No. 294) (32 P. S. §
																597); sections 514, 1901-A, 1908-A, 1917-A
								and 1920-A of The Administrative Code of 1929 (71 P. S. §§
																194,
								510-1,
								510-8,
								510-17 and
								510-20); and the Flood Plain
								Management Act (32 P. S. §§
																679.101-679.601).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter F - FILLS, LEVEES, FLOODWALLS AND STREAMBANK RETAINING DEVICES › DESIGN CRITERIA FOR APPROVAL FOR CONSTRUCTION OR MODIFICATION › Section 105.273 - Slopes

Current through Register Vol. 54, No. 28, July 13, 2024
The slope of a fill, levee or similar structure shall
							 not be steeper than two horizontal to one vertical, unless special
							 circumstances are demonstrated and adequate steps are taken to assure permanent
							 stabilization of the slope.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter F - FILLS, LEVEES, FLOODWALLS AND STREAMBANK RETAINING DEVICES › DESIGN CRITERIA FOR APPROVAL FOR CONSTRUCTION OR MODIFICATION › Section 105.274 - Top width of levees

Current through Register Vol. 54, No. 28, July 13, 2024
The top width of a levee shall not be less than 10
							 feet.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter F - FILLS, LEVEES, FLOODWALLS AND STREAMBANK RETAINING DEVICES › DESIGN CRITERIA FOR APPROVAL FOR CONSTRUCTION OR MODIFICATION › Section 105.275 - Interior drainage

Current through Register Vol. 54, No. 28, July 13, 2024
Adequate facilities shall be provided to drain the
							 interior area behind the levee or floodwall.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter F - FILLS, LEVEES, FLOODWALLS AND STREAMBANK RETAINING DEVICES › DESIGN CRITERIA FOR APPROVAL FOR CONSTRUCTION OR MODIFICATION › Section 105.276 - Freeboard allowance

Current through Register Vol. 54, No. 28, July 13, 2024
The height of a levee or floodwall shall provide an
							 allowance for freeboard above the design flood of the structure.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter F - FILLS, LEVEES, FLOODWALLS AND STREAMBANK RETAINING DEVICES › MAINTENANCE AND REPAIR › Section 105.281 - Maintenance and repair of levees or floodwalls

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The owner of a levee or floodwall shall
						  inspect the levee or floodwall and appurtenant structures, including drainage
						  facilities, at least annually and shall comply with §
													105.53 (relating to inspections by
						  owners and inspection reports).
(b)
						  Trees and other vegetation with deep roots shall not be allowed on a levee used
						  for flood control purposes, and vegetation shall at all times be
						  controlled.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter F - FILLS, LEVEES, FLOODWALLS AND STREAMBANK RETAINING DEVICES › MAINTENANCE AND REPAIR › Section 105.282 - Maintenance of fills

Current through Register Vol. 54, No. 28, July 13, 2024
Fills shall at all times be maintained in a manner to
							 prevent erosion and to assure the stability of the slopes.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter G - STREAM CROSSINGS, OUTFALLS AND HEADWALLS › GENERAL PROVISIONS › Section 105.291 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
Except as provided in §§
													105.3 and
							 105.12 (relating to scope; and
							 waiver of permit requirements), this subchapter applies to stream crossings,
							 outfalls, headwalls, pipelines, aerial crossings and other analogous structures
							 which are placed in, along, across, over or under the regulated waters of this
							 Commonwealth.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter G - STREAM CROSSINGS, OUTFALLS AND HEADWALLS › GENERAL PROVISIONS › Section 105.292 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter G - STREAM CROSSINGS, OUTFALLS AND HEADWALLS › GENERAL PROVISIONS › Section 105.293 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter G - STREAM CROSSINGS, OUTFALLS AND HEADWALLS › GENERAL PROVISIONS › Section 105.294 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter G - STREAM CROSSINGS, OUTFALLS AND HEADWALLS › PERMITS › Section 105.301 - Permit applications for construction or modification

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the information required under §
													105.13 (relating to permit
							 applications-information and fees), applications for stream crossings shall
							 contain the following, where applicable:
(1) The shore lines of the affected body of
						  water, including both high and low water marks.
(2) Existing structures and stream crossings
						  in the vicinity of the proposed crossings.
(3) The alignment of the proposed pipe or
						  cable.
(4) The depth of the
						  proposed pipe or cable and the clear depth below the data plane to be afforded
						  by the pipe or cable in navigable channels.
(5) A cross section of the stream from bank
						  to bank with the location of the stream crossing to be affixed
						  thereon.
(6) In the case of
						  outfalls, the discharge capacity of the structures.
(7) A statement indicating the purpose of the
						  proposed stream crossing.
(8) The
						  amount and type of cover material.
(9) Adequate provisions for shut-off in the
						  event of break or rupture.
(10)
						  Other information as the Department may require.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter G - STREAM CROSSINGS, OUTFALLS AND HEADWALLS › PERMITS › Section 105.302 - Permit applications for existing stream crossings by pipelines for conveyance of petroleum products and gas

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the information required under §
													105.13 (relating to permit
							 applications-information and fees), applications for existing stream crossings
							 by pipelines for conveyance of petroleum products and gas shall contain the
							 following:
(1) The shore lines of the
						  affected body of water, including both high and low water marks.
(2) The alignment and depth of the pipe or
						  cable, and the clear depth below the data plane afforded by the pipe in
						  navigable channels.
(3) A cross
						  section of the stream from bank to bank with the location of the pipeline
						  affixed thereon.
(4) The amount and
						  type of cover material.
(5)
						  Provisions for shut-off in the event of break or rupture.
(6) Other information as the Department may
						  require.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter G - STREAM CROSSINGS, OUTFALLS AND HEADWALLS › CRITERIA FOR APPROVAL OF CONSTRUCTION OR MODIFICATION › Section 105.311 - General criteria

Current through Register Vol. 54, No. 28, July 13, 2024
In evaluating applications for stream crossings,
							 outfalls, headwalls, pipelines, aerial crossings and other analogous
							 structures, the Department will not approve an application if one or more of
							 the following is true:
(1) The stream
						  crossings are placed in such a manner as to be displaced by flood
						  waters.
(2) The stream crossing
						  alters the cross section of the stream and its banks.
(3) There is unnecessary paralleling or
						  crossing of streams by pipelines or cables.
(4) Pipelines or cables are placed on the bed
						  of streams.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter G - STREAM CROSSINGS, OUTFALLS AND HEADWALLS › CRITERIA FOR APPROVAL OF CONSTRUCTION OR MODIFICATION › Section 105.312 - Cover material

Current through Register Vol. 54, No. 28, July 13, 2024
No waste material of any type may be used as cover
							 material for stream crossings.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter G - STREAM CROSSINGS, OUTFALLS AND HEADWALLS › CRITERIA FOR APPROVAL OF CONSTRUCTION OR MODIFICATION › Section 105.313 - Pipelines under stream beds

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Pipelines under stream beds shall be
						  located such that there will be a minimum of 3 feet of cover between the top of
						  the pipe or encasement and the lowest point in the stream bed; provided, that
						  if the pipeline is in rock, it shall have the depth of granular soil plus 6
						  inches for cover, but never less than 1 foot of total cover.
(b) Pipelines under the stream bed shall be
						  as near to horizontal as possible.
(c) The Department may require additional
						  information or waive the requirements of subsection (a) in specific cases.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter G - STREAM CROSSINGS, OUTFALLS AND HEADWALLS › CRITERIA FOR APPROVAL OF CONSTRUCTION OR MODIFICATION › Section 105.314 - Pipelines along streams

Current through Register Vol. 54, No. 28, July 13, 2024
Pipelines along streams shall be located a sufficient
							 distance away from the bank to prevent damage to the bank as a result of
							 erosion; pipelines shall be located a minimum of 25 feet away from the
							 streambank unless other erosion protection measures are approved by the
							 Department.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter G - STREAM CROSSINGS, OUTFALLS AND HEADWALLS › CRITERIA FOR APPROVAL OF CONSTRUCTION OR MODIFICATION › Section 105.315 - Aerial crossings

Current through Register Vol. 54, No. 28, July 13, 2024
Aerial crossings shall comply with the criteria of
							 Subchapter C (pertaining to culverts and bridges) with regard to hydraulic
							 capacity, height and clearance.
The provisions of this §
															105.315 issued under the Dam
								Safety and Encroachments Act (32 P. S. §§
																693.1-693.27); The Clean Streams Law
								(35
								P. S. §§
																691.1-691.1001); section 7
								of the act of June 14, 1923 (P. L. 704, No. 294) (32 P. S. §
																597); sections 514, 1901-A, 1908-A, 1917-A
								and 1920-A of The Administrative Code of 1929 (71 P. S. §§
																194,
								510-1,
								510-8,
								510-17 and
								510-20); and the Flood Plain
								Management Act (32 P. S. §§
																679.101-679.601).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter H - DOCKS, WHARVES AND BULKHEADS › GENERAL PROVISIONS › Section 105.321 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
Except as provided in §§
													105.3 and
							 105.12 (relating to scope; and
							 waiver of permit requirements), this subchapter applies to the construction,
							 operation and maintenance of docks, wharves and bulkheads in the regulated
							 waters of this Commonwealth.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter H - DOCKS, WHARVES AND BULKHEADS › PERMITS › Section 105.331 - Permit applications

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the information required under §
													105.13 (relating to permit
							 applications-information and fees), applications for new and existing docks,
							 wharves and bulkheads shall contain the following information:
(1) The exact location of the
						  structure.
(2) A plan showing the
						  dimensions of the structure, and if applicable, the dimensions of the mooring
						  area.
(3) A plan indicating the
						  relation of the structure and mooring area to the banks and channel,
						  neighboring structures and mooring areas, the navigation channel and the normal
						  pool elevation or ordinary low water mark.
(4) Cross sections indicating elevations of
						  structures, location of pilings and water depth.
(5) The purposes for which the structure will
						  be used.
(6) Other information the
						  Department may require.
The provisions of this §
															105.331 amended under the Dam
								Safety and Encroachments Act (32 P. S. §§
																693.1-693.27); The Clean Streams Law
								(35
								P. S. §§
																691.1-691.1001); section 7
								of the act of June 14, 1923 (P. L. 704, No. 294) (32 P. S. §
																597); sections 514, 1901-A, 1908-A, 1917-A
								and 1920-A of The Administrative Code of 1929 (71 P. S. §§
																194,
								510-1,
								510-8,
								510-17 and
								510-20); and the Flood Plain
								Management Act (32 P. S. §§
																679.101-679.601).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter H - DOCKS, WHARVES AND BULKHEADS › PERMITS › Section 105.332 - Riparian property

Current through Register Vol. 54, No. 28, July 13, 2024
When an applicant proposes location of a structure on
							 or in front of riparian property not owned by the applicant, the applicant
							 shall obtain and furnish to the Department notarized and signed releases from
							 the owners of the affected riparian property.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter H - DOCKS, WHARVES AND BULKHEADS › CRITERIA FOR APPROVAL › Section 105.341 - Passage of ice and flood waters

Current through Register Vol. 54, No. 28, July 13, 2024
Structures shall be able to pass flood waters and ice
							 without property damage and without increasing the upstream flood hazard.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter H - DOCKS, WHARVES AND BULKHEADS › OPERATION AND MAINTENANCE › Section 105.351 - Removal of structure

Current through Register Vol. 54, No. 28, July 13, 2024
Upon termination of the useful life of the structure,
							 the owner shall remove it completely and restore the banks.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter H - DOCKS, WHARVES AND BULKHEADS › OPERATION AND MAINTENANCE › Section 105.352 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter I - COMMERCIAL DREDGING › GENERAL PROVISIONS › Section 105.361 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
Except as provided in §§
													105.3 and
							 105.12 (relating to scope; and
							 waiver of permit requirements), this subchapter applies to dredging in the
							 regulated waters of this Commonwealth for sand, gravel and other minerals for
							 the purposes of commercial exploitation. This subchapter shall not be construed
							 to restrict the Department in managing the Commonwealth's proprietary interests
							 under the act of July 31, 1970 (P. L. 699, No. 225) (71 P. S. §
														468) (repealed), repealed by the act of
							 December 3, 1970 (P. L. 834, No. 275); section 15 of the act (32 P. S. §
														693.15); and section 1908-A(3) of The
							 Administrative Code of 1929 (71 P. S. §
														510-8(3)), from exercising
							 its discretion to issue or not to issue permit agreements or to impose terms
							 and conditions in permit agreements that it deems to be in the best interests
							 of the Commonwealth; in the event, however, that the Department issues a permit
							 agreement conveying the Commonwealth's proprietary interests in a deposit of
							 sand, gravel or other minerals, this subchapter constitutes the minimum
							 requirements for dredging under the Commonwealth's regulatory authority under
							 the act.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter I - COMMERCIAL DREDGING › PERMITS › Section 105.371 - Permits: content of application

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the requirements of §
													105.13 (relating to permit
							 applications-information and fees), applications for commercial dredging
							 permits shall contain the following information:
(1) The delineation of areas to be dredged,
						  with reference to river miles of distances from fixed reference points or
						  sufficient courses and distances referenced to permanent shore points to allow
						  a fix to be made on the boundary points of a dredging area in a lake.
(2) Stream depths in the proposed dredging
						  area if known or approximate estimated depths, if accurate measures are not
						  available.
(3) The equipment to be
						  employed in the dredging operation and its capabilities.
(4) The proposed rate of
						  production.
(5) The location of
						  public and industrial water supply intakes.
(6) A plan for the disposal of solid waste,
						  dredge spoil and sewage from the dredging vessel.
(7) Other information as the Department may
						  require.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter I - COMMERCIAL DREDGING › PERMITS › Section 105.372 - Prior requisite approvals

Current through Register Vol. 54, No. 28, July 13, 2024
Provided the other requirements of this subchapter
							 are met, approval by the Department of dredging permit applications is
							 conditioned upon the applicant's obtaining a permit/agreement under the act of
							 July 31, 1970 (P. L. 699, No. 225) (71 P. S. §
														468) (repealed), repealed by the act of
							 December 3, 1970 (P. L. 834, No. 275) or an interest in land under section 15
							 of the act (32 P. S. §
														693.15),
							 where the bed of the regulated waters is owned by the
							 Commonwealth.