§ 106.13. Review of permit applications.
(a) Applications will be reviewed under prevailing practices in the engineering profession.
(b) In reviewing a permit application under this chapter for construction, modification, removal, abandonment, or destruction of a highway obstruction or obstruction, the Department will consider the following factors as they relate to flood damage or water pollution:
(1) Potential threats to life or property created by the highway obstruction or obstruction.
(2) Potential threats to safe navigation created by the highway obstruction or obstruction.
(3) The effect of the proposed highway obstruction or obstruction on the property or riparian rights of owners upstream, downstream, or adjacent to the highway obstruction or obstruction.
(4) The effect of the proposed highway obstruction or obstruction on the regimen of the watercourse or other body of water and on the prevention of pollution or other hazards to health, safety and welfare.
(5) The need for the proposed highway obstruction or obstruction to be located in the floodplain and alternatives in location, design and construction which are available to minimize the adverse impact of the project.
(6) Present conditions and the effects of reasonably foreseeable future development within the affected watershed upstream and downstream of the highway obstruction or obstruction. In assessing the impact of future development, the Department may require the applicant to submit data regarding estimated development potentials based on municipal, county and regional planning related to the affected watershed.
(7) Consistency with State and local floodplain and storm water management plans and programs, the State Water Plan and the Pennsylvania Coastal Zone Management Program.
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