DESIGN CRITERIA FOR APPROVAL FOR CONSTRUCTION OR
MODIFICATION
§ 105.271. General criteria.
(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.
(b) An application for a proposed levee, fill or similar structure within the floodway of a regulated water of this Commonwealth will not be approved by the Department unless the applicant demonstrates that the project is consistent with local floodplain management programs.
Source The provisions of this § 105.271 adopted August 11, 1978, effective August 28, 1978, 8 Pa.B. 2229; amended September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843. Immediately preceding text appears at serial page (38885).
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