§ 106.1. Definitions.
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.
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