§ 85.23. Modification of minimum bluff setback distances.
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.
Source The provisions of this § 85.23 amended September 18, 2009, effective September 19, 2009, 39 Pa.B. 5415. Immediately preceding text appears at serial page (234482).
Cross References This section cited in 25 Pa. Code § 85.35 (relating to municipal adoption of more restrictive ordinance).
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