reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 85 - BLUFF RECESSION AND SETBACK › Subchapter A - GENERAL PROVISIONS › Section 85.1 - 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 Bluff Recession and Setback
						  Act (32 P. S. §§
													5201-5215).
Bluff
-A high bank or bold headland
						  with a broad precipitous cliff face overlooking a lake.
Bluff line
-The edge or crest of the
						  bluff.
Bluff recession
-The loss of material
						  along the bluff face caused by the direct or indirect action by one or a
						  combination of groundwater seepage, water currents, wind generated water waves
						  or high water levels.
Bluff recession hazard area
-An area or
						  zone where the rate of progressive bluff recession creates a substantial threat
						  to the safety or stability of nearby existing or future structures or utility
						  facilities.
(
Editor's Note
: Section 2 of the act
						  of July 7, 2011 (P. L. 301, No. 72) (Act 72) revised the definition of "bluff
						  recession hazard area" in section 3 of the act (32 P. S. §
													5203) by adding the following: "The term
						  shall not include any area where the horizontal distance, measured
						  perpendicular to the shoreline, between the shoreline and the bluff toe is in
						  excess of 250 feet and such area shall not be subject to any Environmental
						  Quality Board regulations or municipal setback ordinance or regulation
						  established under this act.")
Bluff setback ordinance and
						  regulations
-Building codes, zoning ordinances, subdivision
						  regulations, health regulations, special purpose ordinances and other
						  applications of the police power, which provide standards for the location of
						  structures and facilities in bluff recession hazard areas.
Department
-The Department of
						  Environmental Protection of the Commonwealth.
Development
-Development shall be
						  defined as follows:
(i) The
						improvement of one lot or two or more contiguous lots, tracts, or parcels of
						land for any purpose including, but not limited to one of the following:
(A) A group of two or more
						buildings.
(B) The division or
						allocation of land or space between or among two or more existing or
						prospective occupants by means of or for the purpose of streets, common areas,
						leaseholds, condominiums, building groups or other features.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 85 - BLUFF RECESSION AND SETBACK › Subchapter A - GENERAL PROVISIONS › Section 85.2 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter is adopted in accordance with the duties
						  relating to bluff recession placed on the Department by the act, and applies to
						  all municipalities designated as having bluff recession hazard areas and to all
						  persons constructing, installing or engaging in substantial improvement to any
						  structure or utility facility within bluff recession hazard areas.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 85 - BLUFF RECESSION AND SETBACK › Subchapter A - GENERAL PROVISIONS › Section 85.3 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
The basic purposes of the act and this chapter are as
						  follows:
(1) Encourage planning and
						development in bluff areas which is consistent with sound land use
						practices.
(2) Protect people and
						property in bluff areas from the dangers and damages associated with the
						inevitable recession of bluffs.
(3)
						Prevent and eliminate urban and rural blight which results from the damages of
						bluff erosion and recession.
(4)
						Minimize the expenditure of public and private funds for shoreline protection
						and bluff stabilization structures and activities.
(5) Authorize a comprehensive and coordinated
						program to regulate development activities through the use of setback
						ordinances in bluff recession hazard areas to preserve and restore the natural
						ecological systems, and to prevent continuing destruction of property and
						structures.
(6) Encourage local
						administration and management of bluffs consistent with the duty of the
						Commonwealth as trustee of natural resources, and the constitutional right of
						the people to the preservation of the natural, scenic, aesthetic and historic
						values of the environment.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 85 - BLUFF RECESSION AND SETBACK › Subchapter A - GENERAL PROVISIONS › Section 85.4 - Violations

Current through Register Vol. 54, No. 28, July 13, 2024
A municipality that fails to adopt and submit a bluff
						  setback ordinance and regulations or fails to properly administer this chapter
						  will be found in violation of the act and will be subject to the sanctions
						  provided for in the act. A person who violates the provisions of the act or
						  this chapter shall be subject to the sanctions provided for in the
						  act.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 85 - BLUFF RECESSION AND SETBACK › Subchapter B - PROCEDURE FOR DESIGNATION OF AREAS WITH BLUFF RECESSION HAZARDS › Section 85.11 - General requirements

Current through Register Vol. 54, No. 28, July 13, 2024
The Department is authorized under section 4 of the act
						  (32
						  P. S. §
													5204) to identify areas in this
						  Commonwealth that contain bluff recession hazard areas. Prior to formal
						  designation by the EQB, the tentatively identified municipality will be invited
						  to submit comments to the Department concerning the
						  designation.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 85 - BLUFF RECESSION AND SETBACK › Subchapter B - PROCEDURE FOR DESIGNATION OF AREAS WITH BLUFF RECESSION HAZARDS › Section 85.12 - Identification of bluff recession hazards

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Under section 4 of the act (32 P. S. §
													5204), studies will be conducted when
						necessary to identify bluff recession hazard areas in this Commonwealth.
						Studies prepared for these purposes must do all of the following:
(1) Identify the geographic location of the
						potential hazard area; county, township, and so forth.
(2) Define and evaluate the bluff recession
						hazard in relation to geophysical processes such as recession and erosion
						related phenomena and examine the causative factors.
(3) Review and evaluate existing and
						potential damage to property and structures caused by progressive bluff
						recession.
(4) Develop a recession
						rate based on historical evidence.
(5) Develop conclusions and recommendations
						based on the findings of the studies.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 85 - BLUFF RECESSION AND SETBACK › Subchapter B - PROCEDURE FOR DESIGNATION OF AREAS WITH BLUFF RECESSION HAZARDS › Section 85.13 - Department notification to municipalities

Current through Register Vol. 54, No. 28, July 13, 2024
Following completion of the study, the Department will,
						  by certified letter, notify the governing body of the municipality that it has
						  been tentatively designated as possessing a bluff recession hazard area. The
						  letter will contain the following information:
(1) The geographic location of the hazard
						area.
(2) A summary of the findings
						of the study by the Department.
(3)
						The historic recession rate and the process used to calculate this
						rate.
(4) The minimum bluff setback
						distances that will be required by the Department.
(5) A request for comments from the
						municipality concerning the tentative designation and setback
						distances.
(6) Specification of a
						60 day time limit for comment.
(7)
						Notice that one or more public hearings will be held concerning the designation
						of bluff recession hazard areas by the EQB prior to formal
						designation.
This section cited in 25 Pa. Code §
														85.15 (relating to Department
							 notification to the Quality Board).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 85 - BLUFF RECESSION AND SETBACK › Subchapter B - PROCEDURE FOR DESIGNATION OF AREAS WITH BLUFF RECESSION HAZARDS › Section 85.14 - Municipal response on designation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each municipality tentatively identified
						by the Department as possessing a bluff recession hazard area will be invited
						to submit written comments concerning the tentative designation to the
						Department within 60 days of receiving the notification letter of the
						Department.
(b) If a municipality
						disagrees with the letter of the Department tentatively designating it as
						possessing a bluff recession hazard area and the required setback distances,
						the appropriate representatives of the Department will contact and offer to
						meet with representatives of the municipality to review, discuss, and attempt
						to resolve the differences. This meeting will be scheduled within 30 days from
						the date the letter is received from the municipality.
(c) If a municipality does not comment within
						the time prescribed in §
												85.13(6)
						(relating to Department notification to municipalities), it will be presumed
						that the municipality is in agreement with the designation and the required
						setback distance.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 85 - BLUFF RECESSION AND SETBACK › Subchapter B - PROCEDURE FOR DESIGNATION OF AREAS WITH BLUFF RECESSION HAZARDS › Section 85.15 - Department notification to the EQB

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Following the close of the municipal
						comment period on the tentative designation, the Department will prepare and
						transmit to the EQB a proposed rulemaking proposing formal designation of the
						bluff recession hazard area of the municipality and the establishment of bluff
						setback distances in the bluff recession hazard area. The proposed rulemaking
						will contain the following:
(1) The findings
						of the Department concerning the location and determination of the bluff
						recession hazard area in the municipality.
(2) The nature of the existing and potential
						damage to property and structures.
(3) Comments received from the affected
						municipality.
(4) A recommendation,
						incorporating consideration of the comments received from the municipality,
						that the area be designated as a bluff recession hazard area and subject to
						Subchapter D (relating to municipal bluff setback ordinance and
						regulations).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 85 - BLUFF RECESSION AND SETBACK › Subchapter C - BLUFF RECESSION HAZARD AREAS SETBACK REQUIREMENTS › Section 85.21 - General requirements

Current through Register Vol. 54, No. 28, July 13, 2024
Under section 5 of the act (32 P. S. §
													5205), this subchapter provides procedures
						  for calculation of minimum bluff setback distances and the limitations of
						  activities associated within minimum bluff setback distances in designated
						  bluff recession hazard areas.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 85 - BLUFF RECESSION AND SETBACK › Subchapter C - BLUFF RECESSION HAZARD AREAS SETBACK REQUIREMENTS › Section 85.22 - Methods of determining minimum bluff setback distances

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department will develop minimum bluff
						setback distances for each municipality tentatively designated as having a
						bluff recession hazard area by applying the following formula:
Rate of
Appropriate
Minimum
Bluff
x
Life
								  Span
=
Bluff Setback
Recession
of Structure
Distance
(1) The
						rate of bluff recession is the average annual rate of recession for all the
						municipality's bluffs as calculated by the Department.
(2) The appropriate life span of a structure
						is 50 years for residential homes, 75 years for commercial structures, and 100
						years for light and heavy industrial structures.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 85 - BLUFF RECESSION AND SETBACK › Subchapter C - BLUFF RECESSION HAZARD AREAS SETBACK REQUIREMENTS › Section 85.23 - Modification of minimum bluff setback distances

Current through Register Vol. 54, No. 28, July 13, 2024
A minimum bluff setback distance for a municipality may
						  be modified upon presentation of formal studies acceptable to the Department
						  documenting annual recession rates at variance with the recession rate data of
						  the Department. Upon Department review and acceptance of the data as accurate
						  and compatible with the objectives of the act, a new minimum bluff setback
						  distance will be calculated. The Department will request that the EQB amend the
						  designation in accordance with this subchapter concerning the minimum bluff
						  setback distances.
This section cited in 25 Pa. Code §
														85.35 (relating to municipal
							 adoption of more restrictive
							 ordinance).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 85 - BLUFF RECESSION AND SETBACK › Subchapter C - BLUFF RECESSION HAZARD AREAS SETBACK REQUIREMENTS › Section 85.24 - Activities within a bluff recession hazard area

Current through Register Vol. 54, No. 28, July 13, 2024
In any bluff recession hazard area, no person shall
						  construct, install or engage in substantial improvement to any structure or any
						  utility facility such as water, sewage, electric, gas, oil or telephone within
						  the minimum bluff setback distances established under §
												85.22 (relating to methods of
						  determining minimum bluff setback distances) except as provided under §
												85.25 (relating to variances
						  granted by the Department) or §
												85.37(4)
						  (relating to contents of ordinance and regulations submitted by
						  municipality).
This section cited in 25 Pa. Code §
														85.24 (relating to activities
							 within a bluff recession hazard area); and 25 Pa. Code §
														85.35 (relating to municipal
							 adoption of more restrictive
							 ordinance).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 85 - BLUFF RECESSION AND SETBACK › Subchapter C - BLUFF RECESSION HAZARD AREAS SETBACK REQUIREMENTS › Section 85.25 - Variances granted by the Department

Current through Register Vol. 54, No. 28, July 13, 2024
(a) During the period between EQB designation
						of a bluff recession hazard area and the approval of the Department of a bluff
						setback ordinance and regulations of a municipality, the Department may grant
						variances to the bluff setback requirements for all construction in a
						designated bluff recession hazard area. A property owner shall file an
						application with the Department for a variance to allow construction on his
						property.
(b) When the Department
						receives the completed application for a variance, it will review the
						application based on the criteria for a variance under §
												85.37(4)
						(relating to contents of ordinance and regulations submitted by municipality)
						within 45 days, and send a certified letter to the applicant approving or
						disapproving the variance. A copy of this letter will be sent to the
						municipality for its permanent record. If the Department does not take action
						regarding the application within 45 days of receipt of this application, the
						application will be deemed approved.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 85 - BLUFF RECESSION AND SETBACK › Subchapter C - BLUFF RECESSION HAZARD AREAS SETBACK REQUIREMENTS › Section 85.26 - Designated municipalities and minimum bluff setback distances for identified categories of structures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Under
						§
												85.15 (relating to Department
						notification to the EQB), the municipalities identified in subsection (c) have
						been designated as possessing a bluff recession hazard area.
(b) The municipalities designated in
						subsection (c) are required to adopt and implement a bluff setback ordinance
						and regulations which incorporate the bluff setback distances listed in
						subsection (c).
(c) Except as
						provided in subsection (e), regardless of any other provision of law or
						ordinance to the contrary, the minimum bluff setback distances in the named
						municipalities that possess a bluff recession hazard area, as designated in
						§
												85.12 (relating to identifiction
						of bluff recession hazards), must be in accordance with the following table:
Municipality (by geographic
								  location)
Residential
Commercial
Light and Heavy
								  Industrial
Springfield Township
Erie County
100'
150'
200'
Girard Township
Erie County
60'
90'
120'
Lake City Borough
Erie County
60'
90'
120'
Fairview Township
Erie County
50'
75'
100'
Millcreek Township
Erie County
50'
75'
100'
Erie City
Erie County
25'
25'
25'
Lawrence Park Township
Erie County
50'
75'
100'
Harborcreek Township
Erie County
50'
75'
100'
North East Township
Erie County
50'
75'
100'
(d) The setback distances listed in
						subsection (c) are minimum distances. The actual distance of the area subject
						to bluff recession may be greater in certain areas. Nothing in this chapter
						shall be construed to guarantee that bluff recession will not occur beyond the
						specified setback distances during the usable life span of a structure
						originally installed or constructed in accordance with the setback requirements
						at the time of installation or construction. Because of variations in the bluff
						recession rates, municipalities may adopt more restrictive ordinances in
						accordance with §
												85.35 (relating to municipal
						adoption of more restrictive ordinances).
(e) If the setback distance for the placement
						of structures regulated under another law or ordinance, such as the Uniform
						Construction Code or zoning regulation, is greater than that specified in
						subsection (c), the greater setback distance shall apply within the bluff
						recession hazard area.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 85 - BLUFF RECESSION AND SETBACK › Subchapter D - MUNICIPAL BLUFF SETBACK ORDINANCE AND REGULATIONS › Section 85.31 - General requirements

Current through Register Vol. 54, No. 28, July 13, 2024
As required by section 6 of the act (32 P. S. §
													5206), designated municipalities shall adopt
						  and implement a bluff setback ordinance and regulations. This subchapter
						  outlines the procedures for meeting these requirements.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 85 - BLUFF RECESSION AND SETBACK › Subchapter D - MUNICIPAL BLUFF SETBACK ORDINANCE AND REGULATIONS › Section 85.32 - Time limit for municipal adoption of bluff setback ordinance and regulations

Current through Register Vol. 54, No. 28, July 13, 2024
Each municipality, following publication of the formal
						  EQB designation of a bluff recession hazard area, shall within 6 months of
						  receiving notification amend or adopt and implement a bluff setback ordinance
						  and regulations which are consistent with §
												85.37 (relating to contents of
						  ordinance and regulations submitted by municipality).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 85 - BLUFF RECESSION AND SETBACK › Subchapter D - MUNICIPAL BLUFF SETBACK ORDINANCE AND REGULATIONS › Section 85.33 - Municipal adoption and administration

Current through Register Vol. 54, No. 28, July 13, 2024
Each designated municipality is required to adopt and
						  administer a bluff setback ordinance and regulations in a manner consistent
						  with the provisions of the Pennsylvania Municipalities Planning Code
						  (53
						  P.S. §§
													10101-11202) or other
						  applicable enabling legislation.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 85 - BLUFF RECESSION AND SETBACK › Subchapter D - MUNICIPAL BLUFF SETBACK ORDINANCE AND REGULATIONS › Section 85.34 - Geographic limit of bluff setback ordinance and regulations

Current through Register Vol. 54, No. 28, July 13, 2024
A municipality may adopt a bluff setback ordinance and
						  regulations for a bluff recession hazard area without adopting an ordinance and
						  regulations governing any other area of the municipality, notwithstanding any
						  provision of the Pennsylvania Municipalities Planning Code (53 P. S.
						  §§
													10101-11202) or other applicable
						  enabling legislation.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 85 - BLUFF RECESSION AND SETBACK › Subchapter D - MUNICIPAL BLUFF SETBACK ORDINANCE AND REGULATIONS › Section 85.35 - Municipal adoption of more restrictive ordinance

Current through Register Vol. 54, No. 28, July 13, 2024
No provision of the act may be construed as in any way
						  limiting the power of any municipality to adopt more restrictive ordinances,
						  codes or regulations governing construction and development in bluff recession
						  hazard areas that are established under Subchapter C (relating to bluff
						  recession hazard areas setback requirements).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 85 - BLUFF RECESSION AND SETBACK › Subchapter D - MUNICIPAL BLUFF SETBACK ORDINANCE AND REGULATIONS › Section 85.36 - Procedures for submission of an ordinance and regulations by a municipality

Current through Register Vol. 54, No. 28, July 13, 2024
A municipality in developing a bluff setback ordinance
						  may use an existing ordinance and regulations, amend an existing ordinance and
						  regulations, or develop a new ordinance and regulations.
(1) When an existing ordinance and
						regulations are utilized, the municipality shall forward one copy of the
						proposed ordinance and regulations to the Department along with comments on how
						the ordinance and regulations meet the requirements of the act and this
						chapter.
(2) When an existing
						ordinance and regulations are amended to meet the requirements of the act, the
						municipality shall forward one copy of the ordinance and regulations and
						amendments to the Department along with comments on how the proposed amendment
						of the ordinance and regulations meet the requirements of the act and this
						chapter.
(3) When the municipality
						develops a new ordinance and regulations, the municipality shall forward one
						copy of the ordinance and regulations to the Department along with comments on
						how the proposed ordinance and regulations meet the requirements of the act and
						this chapter.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 85 - BLUFF RECESSION AND SETBACK › Subchapter E - DEPARTMENT OVERSIGHT OF MUNICIPAL COMPLIANCE › Section 85.42 - Department review and approval of a municipality setback ordinance and regulations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						Department will, within 90 days of receiving a written request to approve a
						bluff setback ordinance and regulations of a municipality, review the proposal
						pursuant to §
												85.37 (relating to contents of
						ordinance and regulation submitted by municipality).
(b) The Department will, upon ascertaining
						that the proposed bluff setback ordinance and regulations meet the minimum
						requirements in § 85.37, notify the municipality of the approval of the
						ordinance and regulations.
(c) If
						the Department fails to respond within the allotted 90-day time limit, the
						ordinance and regulations will be deemed to be approved, and the municipality
						shall use the ordinance and regulations to enforce the act.
(d) If the Department, during the review of
						the proposed ordinance and regulations, finds that the ordinance and
						regulations do not meet the minimum requirements of this chapter, the
						Department will disapprove the ordinance and regulations and will notify the
						municipality. The letter will contain the reasons for disapproval and
						suggestions for correcting the problem. Upon receipt of this letter, the
						municipality shall have 30 days to correct the problem and resubmit the
						proposed ordinance and regulations. If the municipality disagrees with the
						findings of the Department, the municipality may appeal the decision of the
						Department under the procedures in §
												85.61 (relating to
						appeals).
(e) If the municipality
						fails to adopt or submit a bluff setback ordinance and regulations to the
						Department, the Department may institute an action in mandamus to compel the
						municipality to comply with the act and this chapter.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 85 - BLUFF RECESSION AND SETBACK › Subchapter E - DEPARTMENT OVERSIGHT OF MUNICIPAL COMPLIANCE › Section 85.43 - Department review of implementation and administration of municipal setback ordinance and regulations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						Department will review the implementation and administration of the municipal
						bluff setback ordinance and regulations at least once a year to assure
						coordinated and consistent enforcement of its bluff setback ordinance and
						regulations. The review will occur on a date and location mutually agreed upon
						by the representative of the Department and the appropriate municipal
						officials.
(b) If the Department
						finds that a municipality has failed to implement and enforce in a consistent
						and effective manner the bluff setback ordinance and regulations required by
						the act and this chapter, then the municipality shall be subject to the
						sanctions provided in the act. The municipality will be deemed to have
						implemented and enforced in a consistent and effective manner the bluff setback
						ordinance and regulations when in any area designated as having a bluff
						recession hazard no person shall have constructed, installed, or engaged in a
						substantial improvement to any structure, or any utility facility in violation
						of the bluff setback requirements established under the act and this
						chapter.
(c) When the Department
						finds that a municipality has failed to implement and enforce the bluff setback
						ordinance and regulations as required by subsection (b), the Department will,
						as it deems necessary, conduct additional reviews of the implementation and
						enforcement of the bluff setback ordinance and regulations of the municipality
						to ensure that the appropriate changes have been made which assure coordinated,
						consistent, and effective enforcement of the municipal ordinance and
						regulations.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 85 - BLUFF RECESSION AND SETBACK › Subchapter E - DEPARTMENT OVERSIGHT OF MUNICIPAL COMPLIANCE › Section 85.44 - Coordination with environmental protection programs

Current through Register Vol. 54, No. 28, July 13, 2024
The Department and all municipalities designated as
						  having a bluff recession hazard area are still subject to requirements of other
						  environmental protection programs. These programs include but are not limited
						  to erosion and sedimentation control, water obstruction, clean water, sewage
						  treatment facilities, gas well drilling, stormwater management and floodplain
						  management.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 85 - BLUFF RECESSION AND SETBACK › Subchapter F - GRANTS AND REIMBURSEMENTS TO MUNICIPALITIES › Section 85.51 - General requirements

Current through Register Vol. 54, No. 28, July 13, 2024
The Department is authorized by section 11 of the act
						  (32
						  P. S. §
													5211) to administer grants to
						  municipalities to assist or reimburse them for costs incurred in complying with
						  the act. Grants and reimbursements shall be made available from and to the
						  extent of Federal funding augmentation under
						  16 U.S.C.A. §§
													1451-1464, as appropriated by the
						  General Assembly for such purposes.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 85 - BLUFF RECESSION AND SETBACK › Subchapter F - GRANTS AND REIMBURSEMENTS TO MUNICIPALITIES › Section 85.52 - Limitation of grants and reimbursements

Current through Register Vol. 54, No. 28, July 13, 2024
Grants will be available from the Department to
						  municipalities to reimburse them for allowable costs incurred in complying with
						  the act. Grants will be limited to:
(1) Seventy-five percent of the costs
						incurred for the development and implementation of a bluff setback ordinance
						and regulations required under this chapter as well as 75% for the costs
						incurred by a municipality in revising a setback ordinance and regulations
						established prior to the act to comply with this chapter.
(2) Fifty percent of the allowable costs for
						the ongoing administration of an ordinance incurred by a municipality.
						Allowable costs for administration of a bluff setback ordinance do not include
						those costs that are offset by reasonable permit fees imposed by the
						municipality.
This section cited in 25 Pa. Code §
														85.55 (relating to records and
							 audits).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 85 - BLUFF RECESSION AND SETBACK › Subchapter F - GRANTS AND REIMBURSEMENTS TO MUNICIPALITIES › Section 85.53 - Applications for grants and reimbursements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) All applications for grants shall be made
						on forms provided by and in a manner prescribed by the Department and shall
						contain and be supplemented with such information as may be required by the
						Department.
(b) Applications will
						only be accepted by the Department during the first quarter of the fiscal year
						of the Commonwealth. The Department will notify the municipality, during the
						fourth quarter of the preceding fiscal year that grant funds for the upcoming
						fiscal year will be available for the administration of their bluff setback
						ordinance and regulations.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 85 - BLUFF RECESSION AND SETBACK › Subchapter F - GRANTS AND REIMBURSEMENTS TO MUNICIPALITIES › Section 85.54 - Disclaimer for grants and reimbursements

Current through Register Vol. 54, No. 28, July 13, 2024
Nothing in this section shall be construed to impair or
						  limit application of this act to any municipality or person or to relieve any
						  municipality or person of duties imposed under this act.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 85 - BLUFF RECESSION AND SETBACK › Subchapter F - GRANTS AND REIMBURSEMENTS TO MUNICIPALITIES › Section 85.55 - Records and audits

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Municipalities shall maintain books, records, documents, correspondence and
						other evidence pertaining to the costs and expenses incurred under §
												85.52 (relating to limitation of
						grants and reimbursements) to the extent and in detail that will properly
						reflect the costs, direct and indirect, of labor, materials, equipment,
						supplies and services, and other costs and expenses of whatever nature for
						which funding has been provided under the grant. The records shall be
						maintained in accordance with generally accepted accounting
						principles.
(b) A municipality
						shall maintain accounting records and supporting documentation which identify
						the revenue and costs from the effective date to expiration date of the grant.
						The accounting records shall be maintained in accordance with generally
						accepted accounting practices.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 85 - BLUFF RECESSION AND SETBACK › Subchapter G - APPEALS › Section 85.61 - Appeals

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person or
						municipality aggrieved by an action of the Department shall have the right
						within 30 days of the receipt of the notice of the action to appeal the action
						to the Environmental Hearing Board (EHB), under
						2
						Pa.C.S. §§
													501-508 and
						701-704 (relating to
						Administrative Agency Law).
(b) An
						appeal of an action under the act does not act as a supersedeas. A supersedeas
						may be granted by the EHB upon a showing by the petitioner that:
(1) Irreparable harm to the petitioner or
						other interested parties will result if supersedeas is denied.
(2) There is a likelihood of the success of
						the petitioner on the merits.
(3)
						The grant of a supersedeas will not result in irreparable harm to the
						Commonwealth.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter A - GENERAL PROVISIONS › Section 86.2 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter specifies certain general procedures and
						  rules for those persons who engage in coal mining activities. This chapter
						  together with Chapters 87-90 specifies the procedures and rules for those who
						  engage in coal mining activities.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter A - GENERAL PROVISIONS › Section 86.3 - Use of Coal Refuse Disposal Control Fund

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Moneys, including permit application
						fees, fines, bond forfeitures and civil penalties deposited in the Coal Refuse
						Disposal Control Fund may be used by the Department for the elimination of
						pollution, the abatement of health and safety hazards and nuisances,
						reclamation and other related uses including conducting scientific studies and
						research as authorized under the Coal Refuse Disposal Control Act
						(52
						P. S. §§
													30.51-30.66).
(b) Permit application fees required under
						this chapter for permit applications submitted under the Coal Refuse Disposal
						Control Act will be used by the Department to cover its costs to review
						applications.
The provisions of this §
														86.3 amended under section 5 of
							 The Clean Streams Law (35 P.S. §
															691.5); sections 4(a) and 4.2 of the Surface
							 Mining Conservation and Reclamation Act (52 P.S.
							 §§
															1396.4(a) and
							 1396.4b); section
							 3.2 of the Coal Refuse Disposal
							 Control Act (52 P.S. §
															30.53b); and
							 section 1920-A of The Administrative Code of 1929 (71 P.S. §
															510-20).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter A - GENERAL PROVISIONS › Section 86.5 - Extraction of coal incidental to noncoal surface mining

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person who intends to extract coal
						incidental to the extraction of other minerals shall do so under the provisions
						of a noncoal surface mining permit issued under Chapter 77 (relating to noncoal
						mining) and subject to the conditions described in this section. Incidental
						coal extraction which has been approved by the Department subject to the
						conditions in this section shall be exempt from the other requirements of this
						chapter and the requirements of Chapter 87 and Chapter 88, Subchapters
						A-C.
(b) Subject to Department
						approval, for purposes of determining the beginning of the cumulative
						measurement period, the operator shall select and consistently use one of the
						following:
(1) For mining areas where coal or
						other minerals were extracted prior to August 3, 1977, the date extraction of
						coal or other minerals commenced at that mining area or August 3, 1977,
						whichever is earlier.
(2) For
						mining areas where extraction of coal or other minerals commenced on or after
						August 3, 1977, the date extraction of coal or other minerals commenced at that
						mining area.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter A - GENERAL PROVISIONS › Section 86.6 - Extraction of coal incidental to government-financed construction or government-financed reclamation projects

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Extraction of coal incidental to
						government-financed construction or government-financed reclamation projects is
						exempt from the permitting requirements of the Surface Mining Conservation and
						Reclamation Act (52 P. S. §§
													1396.1-1396.19b) and this chapter as it
						relates to surface mining activities and operations, and Chapters 87 and 88
						(relating to surface mining of coal; and anthracite coal) if the following
						conditions are met:
(1) During the project
						site selection process and prior to development of final construction plans or
						reclamation plans for projects located within coal bearing regions, the
						government entity financing the construction or reclamation has provided the
						Department with an opportunity to provide comments on the potential
						environmental impacts of the project.
(2) The extraction of coal is necessary to
						enable the construction or reclamation to be accomplished. Only that coal
						extracted from within the right-of-way, in the case of a road, railroad,
						utility line or other similar construction, or within the boundaries of the
						area directly affected by other types of government-financed construction or
						government-financed reclamation, may be considered incidental to that
						construction or reclamation.
(3)
						The construction or reclamation is funded by a Federal, Commonwealth, county,
						municipal, or local unit of government, or a department, bureau, agency, or
						office of the unit which, directly or through another unit of government,
						finances the construction or reclamation.
(4) The construction or reclamation is funded
						50% or more by funds appropriated from the government unit's budget or obtained
						from general revenue bonds. Funding at less than 50% may qualify if the
						construction is undertaken as a Department-approved reclamation contract or
						project.
(5) The construction or
						reclamation is performed under a bond, contract and specifications that
						substantially provide for and require protection of the environment,
						reclamation of the affected area, and handling of excavated materials in a
						manner consistent with the acts and regulations implementing the
						acts.
(6) The Department has
						approved the standards and specifications for protection of the environment
						that will apply to the project when potential adverse environmental impacts
						have been identified.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter B - PERMITS › GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS › Section 86.11 - General requirements for permits

Current through Register Vol. 54, No. 28, July 13, 2024
(a) No person may operate a mine or allow a
						  discharge from a mine into the waters of the Commonwealth unless the person has
						  obtained a permit from the Department.
(b) Permits will be issued only to an
						  operator.
(c) Except as provided in
						  §
													86.12 (relating to continued
						  operation under interim permits) and Subchapter E (relating to coal
						  exploration), on and after 8 months from the effective date of this chapter, no
						  person may engage in or carry out coal mining activities within this
						  Commonwealth unless that person has obtained a valid permit and authorization
						  issued by the Department.
This section cited in 25 Pa. Code §
															86.12 (relating to continued
								operation under interim permits); and 25 Pa. Code §
															88.381 (relating to general
								requirements).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter B - PERMITS › GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS › Section 86.12 - Continued operation under interim permits

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person conducting coal mining
						  activities under a permit issued in accordance with Chapter 13 (relating to
						  compliance with the Surface Mining Control and Reclamation Act of 1977), who
						  has filed an application for permit under §
													86.14(a)
						  (relating to permit application filing deadlines) for which the Department has
						  not rendered a decision may conduct these activities under the permit beyond
						  the period prescribed in §
													86.11(c)
						  (relating to general requirements for permits) if:
(1) A timely and complete application for a
						  permit has been made to the Department under this chapter.
(2) The Department has not yet rendered an
						  initial administrative decision with respect to the application.
(3) The operations are conducted in
						  compliance with terms and conditions of the permit, Chapter 13, the Surface
						  Mining Conservation and Reclamation Act (52 P. S.
						  §§
															1396.1-1396.19b), the Coal
						  Refuse Disposal Control Act (52 P. S. §§
															30.51-30.66), The Bituminous Mine Subsidence
						  and Land Conservation Act (52 P. S. §§
															1406.1-1406.21), the Dam Safety and
						  Encroachments Act (32 P. S. §§
															693.1-693.27) and the Air Pollution Control
						  Act (35 P. S. §§
															4001-4015).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter B - PERMITS › GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS › Section 86.13 - Compliance with permits

Current through Register Vol. 54, No. 28, July 13, 2024
A person may not conduct coal mining activities
							 except under permits issued under this chapter and in compliance with the terms
							 and conditions of the permit and the requirements of this chapter and Chapters
							 87-90 and the statutes under which they were promulgated.
This section cited in 25 Pa. Code §
															88.381 (relating to general
								requirements).