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 A - GENERAL PROVISIONS › PERMIT APPLICATIONS › Section 105.11 - Permit requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						  person may not construct, operate, maintain, modify, enlarge or abandon a dam,
						  water obstruction or encroachment without first obtaining a written permit from
						  the Department.
(b) An existing
						  dam, water obstruction or encroachment constructed under a license or permit
						  issued in compliance with the act of June 8, 1907 (P. L. 496, No. 322)
						  (53
						  P. S. §
														16834 note and
						  55
						  P. S. §§
														332.1 and
						  332.2) or the Water
						  Obstructions Act, shall be deemed to comply with the construction and operating
						  permit requirements of this section. These projects shall, after September 27,
						  1980, comply with the operating, maintenance, monitoring and other requirements
						  of this chapter.
(c) The owner of
						  an existing dam, water obstruction or encroachment who does not hold a permit
						  issued under the act of June 8, 1907 (P. L. 496, No. 322) or the Water
						  Obstructions Act shall apply for and receive a permit to operate and maintain
						  the facility under the act on or before January 1, 1981. For purposes of this
						  subsection, a limited power permit issued under the Limited Power and Water
						  Supply Act will be deemed to have been issued under the Water Obstructions Act.
						  These projects shall comply with the operating, maintenance, monitoring and
						  other requirements established under the act.
(d) A permit issued by the Department after
						  July 1, 1979, for the construction and operation of a water obstruction or
						  encroachment will incorporate authorization for normal repairs and maintenance
						  of permitted structures conducted within the original specifications for the
						  water obstruction or encroachment. A repair or maintenance involving
						  modification of the water obstruction or encroachment from its original
						  specifications and a repair or reconstruction involving a substantial portion
						  of the structure shall require the prior written permit of the Department under
						  subsection (a).
(e) A water
						  obstruction or encroachment or modification thereof, constructed or authorized
						  pursuant to the terms of a permit issued under this chapter prior to October
						  12, 1991, will be deemed to comply with the construction permit requirements of
						  this subchapter. These projects must, after October 12, 1991, comply with the
						  operating, maintenance, monitoring and other requirements of this
						  chapter.
(f) A dam or modification
						  thereof, constructed or authorized pursuant to the terms of a permit issued
						  under this chapter prior to January 8, 2011, will be deemed to comply with the
						  construction permit requirements of this subchapter. These projects must, after
						  January 8, 2011, comply with the operating, maintenance, monitoring and other
						  requirements of this chapter.
The provisions of this §
															105.11 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).
This section cited in 25 Pa. Code §
															105.14 (relating to review of
								applications); 25 Pa. Code §
															105.52 (relating to inspection);
								25 Pa. Code §
															105.53 (relating to inspections by
								permittees or owners and inspection reports); and 25 Pa. Code §
															105.443 (relating to nature of a
								general permit; substitution for individual applications and
								permits).