Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part V - Community Affairs and Development › Subpart A - Strategic Planning and Operation › Chapter 113 - FLOODPLAIN MANAGEMENT › Section 113.8 - Coordination and uniform enforcement of municipal floodplain management regulations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Section
				  205 of the act (32 P. S. §
											679.205)
				  requires the Department to adopt regulations establishing certain criteria and
				  standards for the coordination and uniform enforcement of municipal floodplain
				  management regulations. In order to carry out this responsibility, the
				  following criteria, standards and requirements are established:
(1) As municipalities develop their
				  individual floodplain management plans, programs and regulations, consideration
				  shall be given to the comprehensive planning and land use activities being
				  undertaken by other municipalities within the watershed.
(2) The floodplain management plans, programs
				  and activities undertaken by individual municipalities within a watershed shall
				  be coordinated and compatible with the needs and circumstances of the watershed
				  generally and with a floodplain management or stormwater management plan which
				  has been adopted by a group of municipalities, county or river basin
				  commission.
(3) The technical
				  aspects and requirements of the floodplain management regulations enacted by
				  individual municipalities within a particular watershed shall be coordinated
				  and compatible with those of other municipalities within the
				  watershed.
(4) Floodplain
				  delineations shall be continuous from one adjacent municipality to another and
				  coordinated throughout the watershed.
(5) At a minimum the floodplain management
				  regulations of municipalities shall apply to the following kinds of
				  construction and development activities within areas subject to the 100-year
				  flood:
(i) Completely new buildings or
				  structures.
(ii) Substantial
				  improvements to existing buildings or structures.
(iii) A man-made change to improved or
				  unimproved real estate, including, but not limited to, filling, grading,
				  paving, excavation, mining, dredging and drilling operations.
(6) The floodplain management
				  regulations enacted by municipalities shall be thoroughly and equitably
				  administered by each municipality or combination of municipalities.
(7) Identified municipalities shall forward a
				  complete set of their up-to-date floodplain management regulations to the
				  Department and county planning commission and shall also notify the Department
				  and county planning commission of future changes or amendments to those
				  regulations within 30 days following the date a change or amendment is
				  enacted.
(8) Identified
				  municipalities shall forward an annual report to the appropriate regional
				  office of the Department. The report shall be on forms provided by the
				  Department. In addition, the Department may require other pertinent information
				  that it considers necessary in order to satisfactorily carryout its
				  responsibilities.