Subchapter C. CULVERTS AND BRIDGES
GENERAL PROVISIONS Sec.
105.141. Scope.
105.142. Applicability of stream enclosure rules.
105.143. [Reserved].
105.144. [Reserved].
105.145. [Reserved].
105.146. [Reserved].
PERMITS
105.151. Permit applications for construction or modification of culverts and bridges.
105.152. Permit applications for operation and maintenance of existing culverts and bridges.
105.153. [Reserved].
105.154. [Reserved].
105.155. [Reserved].
105.156. [Reserved].
105.157. [Reserved].
105.158. [Reserved].
DESIGN CRITERIA FOR CONSTRUCTION OR MODIFICATION
105.161. Hydraulic capacity.
105.162. Multiple pipes and spans.
105.163. Bridge piers.
105.164. Bridge abutments.
105.165. Height of bridges and culverts.
105.166. Placement of culverts.
OPERATION AND MAINTENANCE
105.171. Maintenance.
105.172. Inadequate or collapsed structures.
Cross References This subchapter cited in 25 Pa. Code § 105.14 (relating to review of applications); and 25 Pa. Code § 105.315 (relating to aerial crossings).
GENERAL PROVISIONS
§ 105.141. Scope.
Except as provided in § § 105.3 and 105.12 (relating to scope; and waiver of permit requirements), this subchapter governs the construction, alteration,enlargement, repair, maintenance and removal of a bridge or culvert located in, along or across, or projecting into the regulated waters of this Commonwealth.
Source The provisions of this § 105.141 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; amended 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 pages (38872) to (38873).
§ 105.142. Applicability of stream enclosure rules.
A culvert of greater than 100 feet in upstream to downstream length shall be considered to be a stream enclosure, subject to Subchapter D (relating to stream enclosures).
Source The provisions of this § 105.142 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; amended 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 (38873).
§ 105.143. [Reserved].
Source The provisions of this § 105.143 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; amended August 11, 1978, effective August 28, 1978, 8 Pa.B. 2229; reserved September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843. Immediately preceding text appears at serial page (38873).
§ 105.144. [Reserved].
Source The provisions of this § 105.144 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; amended August 11, 1978, effective August 28, 1978, 8 Pa.B. 2229; reserved September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843. Immediately preceding text appears at serial page (38874).
§ 105.145. [Reserved].
Source The provisions of this § 105.145 adopted August 11, 1978, effective August 28, 1978, 8 Pa.B. 2229; reserved September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843. Immediately preceding text appears at serial page (38874).
§ 105.146. [Reserved].
Source The provisions of this § 105.146 adopted August 11, 1978, effective August 28, 1978, 8 Pa.B. 2229; reserved September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843. Immediately preceding text appears at serial page (38874).
PERMITS
§ 105.151. Permit applications for construction or modification of culverts and bridges.
In addition to the information required under § 105.13 (relating to permit applications—information and fees), applications for permits under this subchapter for the construction or modification of culverts and bridges shall contain the following:
(1) Plans showing the location, type, size and height of the proposed bridge or culvert and detailing the topographic features, elevations and structures so as to enable an appraisal of the hazard potential of the structure.
(2) A description of the character of the stream bed and banks and a profile of the stream for a reasonable distance above and below the proposed site, showing slopes of bed, normal water surface and flood water surface.
(3) A hydrologic and hydraulic analysis which shall include: data on size, shape and characteristics of the watershed; the amount and frequency of the design flood; the hydraulic capacity of the structure; the hydraulic capacity of the channel upstream and downstream; and, where flooding is a problem, flood damage and backwater analysis.
(4) Other information as the Department may require.
Source The provisions of this § 105.151 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; amended 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 pages (38874) to (38875).
Cross References This section cited in 25 Pa. Code § 78a.68b (relating to well development pipelines for oil and gas operations).
§ 105.152. Permit applications for operation and maintenance of existing culverts and bridges.
(a) In addition to information required by § 105.13 (relating to permit applications—information and fees), a permit application for the operation and maintenance of existing culverts and bridges shall give the following information:
(1) Plans showing the location, type, size and height of the existing bridge or culvert and detailing the topographic features, elevations and structures so as to enable an appraisal of the hazard potential of the structure.
(2) A description of the character of the stream bed and banks and a profile of the stream for a reasonable distance above and below the existing site showing slopes of bed, normal water surface and flood water surface.
(3) Other information as the Department may require.
Source The provisions of this § 105.152 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; amended 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 pages (38875) to (38876).
§ 105.153. [Reserved].
Source The provisions of this § 105.153 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; reserved August 11, 1978, effective August 28, 1978, 8 Pa.B. 2229. Immediately preceding text appears at serial page (4597).
§ 105.154. [Reserved].
Source The provisions of this § 105.154 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; reserved August 11, 1978, effective August 28, 1978, 8 Pa.B. 2229. Immediately preceding text appears at serial page (4597).
§ 105.155. [Reserved].
Source The provisions of this § 105.155 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; reserved August 11, 1978, effective August 28, 1978, 8 Pa.B. 2229. Immediately preceding text appears at serial page (4597).
§ 105.156. [Reserved].
Source The provisions of this § 105.156 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; reserved August 11, 1978, effective August 28, 1978, 8 Pa.B. 2229. Immediately preceding text appears at serial page (4598).
§ 105.157. [Reserved].
Source The provisions of this § 105.157 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; reserved August 11, 1978, effective August 28, 1978, 8 Pa.B. 2229. Immediately preceding text appears at serial page (4598).
§ 105.158. [Reserved].
Source The provisions of this § 105.158 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; reserved August 11, 1978, effective August 28, 1978, 8 Pa.B. 2229. Immediately preceding text appears at serial page (4598).
DESIGN CRITERIA FOR CONSTRUCTION OR MODIFICATION
§ 105.161. Hydraulic capacity.
(a) Bridges and culverts shall be designed and constructed in accordance with the following criteria:
(1) The structure shall pass flood flows without loss of stability.
(2) The structure may not create or constitute a hazard to life or property, or both.
(3) The structure may not materially alter the natural regimen of the stream.
(4) The structure may not so increase velocity or direct flow in a manner which results in erosion of stream beds and banks.
(5) The structure may not significantly increase water surface elevations.
(6) The structure shall be consistent with local flood plain management programs.
(b) In determining flood flows and frequencies for purposes of this subchapter, hydrologic analysis shall be by methods generally accepted in the engineering profession.
(c) The general criteria for design flows are as follows:
(1) Rural area—25-year frequency flood flow.
(2) Suburban area—50-year frequency flood flow.
(3) Urban area—100-year frequency flood flow.
(d) The determination of flood flows for design shall be made with reasonable consideration of development which may alter the runoff characteristics of the watershed during the anticipated life of the structure. Specific design requirements in subsection (c) may be varied to fit the conditions at the site and the requirements of flood plain management regulations and ordinances.
(e) The structures shall pass the 100-year frequency flood with less than a 1.0-foot increase in the natural unobstructed 100-year water surface elevation, except where the structure would be located in a floodway which is delineated on a FEMA map, in which case no increase in the 100-year water surface elevation will be permitted. Exceptions to this criteria may be approved by the Department if the applicant prepares a risk assessment which demonstrates, and the Department finds, that the structure will not significantly increase the flooding threat to life and property or the environment, and if applicable, is consistent with municipal floodplain management programs adopted under the National Flood Insurance Program and a FEMA Flood Insurance Study. This information may be obtained from the Department of Community Affairs, Floodplain Management Division, Forum Building, Harrisburg, Pennsylvania 17120.
Authority The provisions of this § 105.161 amended under the Dam Safety and Encroachments Act (32 P. S. § § 693.1–693.27); The Clean Streams Law (35 P. S. § § 691.1—691.1001); section 7 of the act of June 14, 1923 (P. L. 704, No. 294) (32 P. S. § 597); sections 514, 1901-A, 1908-A, 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. § § 194, 510-1, 510-8, 510-17 and 510-20); and the Flood Plain Management Act (32 P. S. § § 679.101—679.601).
Source The provisions of this § 105.161 adopted August 11, 1978, effective August 28, 1978, 8 Pa.B. 2229; amended September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843; amended October 11, 1991, effective October 12, 1991, 21 Pa.B. 4911. Immediately preceding text appears at serial page (117699).
§ 105.162. Multiple pipes and spans.
Multiple pipes and multiple span bridges and culverts which may tend to collect debris, contribute to the formation of ice jams and increase head losses shall be avoided to the maximum practicable extent. Crossings of less than 15 feet shall be by one span, except where conditions make it impractical to effect the crossing without multiple spans.
Source The provisions of this § 105.162 adopted September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843.
§ 105.163. Bridge piers.
(a) Bridge piers shall be kept to a minimum in number and cross-sectional area and shall be designed to offer the least obstruction to the passage of water and ice, consistent with safety.
(b) Bridge piers in channels subject to unstable or super critical flow shall require special investigation and shall be so designed as to prevent the creation of excessive backwater and waves downstream of the pier.
Source The provisions of this § 105.163 adopted September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843.
§ 105.164. Bridge abutments.
(a) Bridge abutments shall be set well into the banks in such manner as to assure minimal increase in flood elevations.
(b) Bridge abutments shall be aligned with the flow of the stream. The Department may require, in its discretion, the construction of wing walls at the upstream side of the bridge to assist in directing flood flows through the bridge opening.
Source The provisions of this § 105.164 adopted September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843.
§ 105.165. Height of bridges and culverts.
Bridges and culverts shall be of sufficient height and clearance to allow the use of the stream or other body of water in its customary manner.
Source The provisions of this § 105.165 adopted September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843.
§ 105.166. Placement of culverts.
(a) Culverts shall be aligned with the stream flow.
(b) Culverts shall be of sufficient width to minimize narrowing of the stream channel.
(c) The upstream side of culverts shall be protected by wing walls or other structures sufficient to assist in directing flood flows to and through the culvert opening.
Source The provisions of this § 105.166 adopted September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843.
OPERATION AND MAINTENANCE
§ 105.171. Maintenance.
(a) The owner or permittee of a culvert or bridge is responsible for maintaining the structure opening thereof in good repair and assuring that flood carrying capacity of the structure is maintained. The owner or permittee shall inspect the opening and approach of the culvert or bridge at regular intervals of not less than once each year and shall, after obtaining the verbal or written approval of the Department, remove silt and debris which might obstruct the flow of water through the structure. It shall be assumed that the flow of water is obstructed when there has been a reduction of the effective area of the structure opening of greater than 10%. Debris shall be disposed of in accordance with the Solid Waste Management Act (35 P. S. § § 6018.101—6018.1003), the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. § § 4000.101—4000.1904) and The Clean Streams Law (35 P. S. § § 691.1—691.1001).
(b) Cleaning and maintenance operations shall be conducted to minimize erosion and sedimentation resulting therefrom.
(c) Removal of silt and debris from the stream channel for the purposes of culvert or bridge maintenance shall be accomplished in accordance with the Standards for Channel Cleaning at Bridges and Culverts. A copy of this document can be obtained from the Bureau of Dams and Waterway Management, Division of Waterways and Stormwater Management, Post Office Box 8554, Harrisburg, Pennsylvania 17105-8554.
Authority The provisions of this § 105.171 amended under the Dam Safety and Encroachments Act (32 P. S. § § 693.1–693.27); The Clean Streams Law (35 P. S. § § 691.1—691.1001); section 7 of the act of June 14, 1923 (P. L. 704, No. 294) (32 P. S. § 597); sections 514, 1901-A, 1908-A, 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. § § 194, 510-1, 510-8, 510-17 and 510-20); and the Flood Plain Management Act (32 P. S. § § 679.101—679.601).
Source The provisions of this § 105.171 adopted August 11, 1978, effective August 28, 1978, 8 Pa.B. 2229; amended September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843; amended October 11, 1991, effective October 12, 1991, 21 Pa.B. 4911. Immediately preceding text appears at serial page (117701).
Cross References This section cited in 25 Pa. Code § 105.211 (relating to maintenance).
§ 105.172. Inadequate or collapsed structures.
(a) The owner or permittee of a bridge or culvert shall immediately inform the Department of the collapse of the structure or a portion thereof or of the existence of unusual conditions threatening the structural integrity of the bridge or culvert, including, but not limited to, the following:
(1) Undercutting of piers or abutments.
(2) Excessive cracking of bridge or culvert surfacing.
(3) Severe deterioration of piers and supports.
(4) Diversion of all or part of the stream flow through a channel not within the normal span of the structure.
(b) Whenever a bridge or culvert or a portion thereof has collapsed or is in imminent danger thereof, the owner or permittee thereof shall immediately remove the collapsed portions to an area outside the floodplain of the stream and do one of the following:
(1) Completely remove the structure.
(2) Repair the structure in accordance with plans submitted to and approved by the Department.
(c) If the Department finds that the inadequate size, improper placement, collapse or imminent collapse of a bridge or culvert creates an immediate danger of stream obstruction and a hazard to life or property which not to permit the issuance of an order or notice to the owner or permittee or if the owner or permittee cannot be readily contacted in sufficient time to assure adequate protection of life or property, the Department may exercise its powers under section 14 of the act (32 P. S. § 693.14) to remove or repair the conditions and take the actions it deems necessary to protect life and property and recover the cost and expense thereof from the owner or permittee.
Source The provisions of this § 105.172 adopted September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843.
Cross References This section cited in 25 Pa. Code § 105.211 (relating to maintenance).
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