Subchapter B. PROCEDURE FOR DESIGNATION OF AREAS WITH BLUFF RECESSION HAZARDS
Sec.
85.11. General requirements.
85.12. Identification of bluff recession hazards.
85.13. Department notification to municipalities.
85.14. Municipal response on designation.
85.15. Department notification to the Environmental Quality Board.§ 85.11. General requirements.
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.
Source The provisions of this § 85.11 amended September 18, 2009, effective September 19, 2009, 39 Pa.B. 5415. Immediately preceding text appears at serial page (234478).
§ 85.12. Identification of bluff recession hazards.
(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.
(b) To prevent the unnecessary expenditure of public funds, the Department will inventory, identify and evaluate previous studies that may have already been completed. If the studies meet the requirements of this chapter, the studies may be utilized for purposes of section 4 of the act.
(c) In accordance with section 4(c) of the act, the geographic areas identified as ‘‘tentatively identified bluff recession hazard areas’’ in Sections I and II of the Department’s ‘‘Study to Tentatively Designate Bluff Recession Hazard Areas,’’ dated November 2004, are designated as bluff recession hazard areas. The Department will make the November 2004 study available to the public.
Source The provisions of this § 85.12 amended September 18, 2009, effective September 19, 2009, 39 Pa.B. 5415. Immediately preceding text appears at serial page (234479).
§ 85.13. Department notification to municipalities.
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.
Source The provisions of this § 85.13 amended September 18, 2009, effective September 19, 2009, 39 Pa.B. 5414. Immediately preceding text appears at serial page (234479).
Cross References This section cited in 25 Pa. Code § 85.15 (relating to Department notification to the Quality Board).
§ 85.14. Municipal response on designation.
(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.
Source The provisions of this § 85.14 amended September 18, 2009, effective September 19, 2009, 39 Pa.B. 5415. Immediately preceding text appears at serial pages (234479) to (234480).
§ 85.15. Department notification to the EQB.
(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).
(b) Following transmittal of the proposed rulemaking by the Department to the EQB, the EQB will give public notice and hold one or more public hearings on the proposed rulemaking to formally designate areas within municipalities as bluff recession hazard areas.
(c) Following public hearings, the Department will consider the comments received and make appropriate revisions to the proposed rulemaking. The Department will then submit the proposed rulemaking to the EQB for final action. Following adoption by the EQB and publication of the formal designation, the Department will notify the municipality that it must within 6 months comply with the act and this chapter.
Source The provisions of this § 85.15 amended September 18, 2009, effective September 19, 2009, 39 Pa.B. 5415. Immediately preceding text appears at serial pages (234480) to (234481).
Cross References This section cited in 25 Pa. Code § 85.26 (relating to designated municipalities and minimum bluff setback distances for identified categories of structures).
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