Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 106 - FLOODPLAIN MANAGEMENT › GENERAL PROVISIONS › Section 106.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
						  chapter, have the following meanings, unless the context clearly indicates
						  otherwise:
Act
-The Flood Plain Management Act
						  (32
						  P. S. §§
													679.101-679.601).
FEMA
-The Federal Emergency Management
						  Agency, to which was transferred the functions of the Federal Insurance
						  Administration, Department of Housing and Urban Development, under
						  Reorganization Plan No. 3 of 1978, 43 FR 41943 (September 19, 1978), and
						  Executive Order 12127, 44 FR 19367 (April 3, 1979).
Fill
-Sand gravel, earth or other
						  material placed or deposited so as to form an embankment or raise the elevation
						  of the land surface.
Flood insurance rate map
-An official
						  map of a municipality on which FEMA has delineated both the floodplain and the
						  risk premium zones applicable to the municipality.
Floodplain or flood hazard area
-The
						  100-year floodway and that maximum area of land that is likely to be flooded by
						  a 100-year flood as shown on the floodplain maps approved or promulgated by
						  FEMA.
Floodway
-The channel of the
						  watercourse and those portions of the adjoining floodplains which are
						  reasonably required to carry and discharge the 100-year flood. The boundary of
						  the 100-year floodway is as indicated on the maps and flood insurance studies
						  provided by FEMA. In an area where no FEMA maps nor studies have defined the
						  boundary of the floodway, it is assumed, absent evidence to the contrary, that
						  the floodway extends from the stream to 50 feet landward from the top of the
						  bank of the stream.
Highway obstruction or highway
-A
						  roadway, highway embankment, highway drainage structure, or highway appurtenant
						  structure constructed, owned or maintained by the Commonwealth or a political
						  subdivision of the Commonwealth which might impede, retard, or change flood
						  flows, including but not limited to new highway construction, pavement or
						  shoulder widening, reconstruction with additional embankment, turning lanes and
						  curve flattening.
Municipality
-A city, borough, town or
						  township, or any similar general purpose unit of government or county or other
						  governmental unit when acting as an agent thereof, or any combination thereof
						  acting jointly.
Obstruction
-A structure or assembly of
						  materials owned or maintained by the Commonwealth, a political subdivision of
						  the Commonwealth or a public utility including fill above or below the surface
						  of land or water or an activity conducted by the Commonwealth, a political
						  subdivision of the Commonwealth or a public utility which might impede, retard
						  or change flood flows. The term excludes planting, cultivation and harvesting
						  of field and orchard crops; the grazing of livestock; and the maintenance of
						  necessary appurtenant agricultural fencing.
100-year flood
-The highest level of
						  flooding that, on the average, is likely to occur every 100 years, that is,
						  that has a 1.0% chance of occurring each year.
Owner
-A person who owns, controls,
						  operates, maintains or manages a highway obstruction or obstruction.
Person
-An individual, partnership,
						  public or private association or corporation, firm, trust, estate,
						  municipality, governmental unit, public utility or other legal entity which is
						  recognized by law as the subject of rights, and duties.
Public utility
-A person engaged in
						  rendering a public utility service.
Public utility service
-The rendering
						  of the following services for the public:
(i) Gas, electricity, or steam production,
						generation, transmission or distribution.
(ii) Water diversion, pumping, impoundment or
						distribution.
(iii) Railroad
						transportation of passengers or property.
(iv) Operation of a canal, turnpike, tunnel,
						bridge, wharf or similar structure.
(v) Transportation of natural or artificial
						gas, crude oil, gasoline or petroleum products, materials for refrigeration, or
						other fluid substances by pipeline or conduit.
(vi) Telephone or telegraph
						communications.
(vii) Sewage
						collection, treatment, or disposal.
Routine maintenance
						  activities
-Include but are not limited to repaving; replacement of
						  rails, ties or ballast; gas or water main repairs; and replacement in kind of
						  individual components or appurtenant structures.
Watercourse
-A channel or conveyance
						  of surface water having defined bed and banks, whether natural or artificial,
						  with perennial or intermittent flow.
(b) Areas within this Commonwealth which have
						been identified by FEMA as being subject to flooding by a 100-year flood are
						determined to be flood hazard areas. Areas subject to flooding by a 100-year
						flood are areas of special flood hazard on flood insurance studies and maps
						provided by FEMA.