Subchapter F. FILLS, LEVEES, FLOODWALLS AND
STREAMBANK RETAINING DEVICES
GENERAL PROVISIONS Sec.
105.251. Scope.
105.252. [Reserved].
105.253. [Reserved].
105.254. [Reserved].
105.255. [Reserved].
105.256. [Reserved].
PERMITS
105.261. Permit applications for construction or modification of fills, levees, floodwalls and streambank retaining devices.
105.262. Permit applications for existing fills, levees, floodwalls and streambank retaining devices.
DESIGN CRITERIA FOR APPROVAL FOR CONSTRUCTION
OR MODIFICATION
105.271. General criteria.
105.272. Waste materials.
105.273. Slopes.
105.274. Top width of levees.
105.275. Interior drainage.
105.276. Freeboard allowance.
MAINTENANCE AND REPAIR
105.281. Maintenance and repair of levees or floodwalls.
105.282. Maintenance of fills.
Cross References This subchapter cited in 25 Pa. Code § 105.14 (relating to review of applications).
GENERAL PROVISIONS
§ 105.251. Scope
Except as provided in § § 105.3 and 105.12 (relating to scope; and waiver of permit requirements), this subchapter applies to the construction, alteration, enlargement, repair or removal of fills, levees, floodwalls and streambank retaining walls located in or along the regulated waters of this Commonwealth.
Source The provisions of this § 105.251 adopted 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 (38883).
§ 105.252. [Reserved].
Source The provisions of this § 105.252 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 (38883).
§ 105.253. [Reserved].
Source The provisions of this § 105.253 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 (38884).
§ 105.254. [Reserved].
Source The provisions of this § 105.254 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 (38884).
§ 105.255. [Reserved].
Source The provisions of this § 105.255 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 (38884).
§ 105.256. [Reserved].
Source The provisions of this § 105.256 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 (38884).
PERMITS
§ 105.261. Permit applications for construction or modification of fills, levees, floodwalls and streambank retaining devices.
In addition to the information required by § 105.13 (relating to permit applications—information and fees), applications for permits for construction or modification of structures under this subchapter shall contain the following information:
(1) A plan detailing the location of the structures and properties 1000 feet upstream and downstream of the proposed fill, levee or similar structure and within the flood plain of the flood of record on both sides of the stream or body of water.
(2) Basement and first floor elevations of structures indicated on the plan required by paragraph (1).
(3) A complete hydraulic and hydrologic report on the proposed project, including, if the Department so requires, a backwater analysis of the project.
(4) Complete cross sections of the stream and floodway of the flood or record.
(5) Stream profiles showing the bed slope and the normal and flood water elevations for points sufficiently upstream and downstream in effect on the project.
(6) The type of materials to be used on the fill, levee or similar structure.
(7) Plans for the protection of the fill, levee or similar structure from erosion, both during and after construction.
(8) The design flood for the fill, levee or similar structure.
(9) A copy of the local flood plain management regulations or ordinances.
(10) Plans for interior drainage.
(11) Other information as the Department may require.
Source The provisions of this § 105.261 adopted 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 (38884).
§ 105.262. Permit applications for existing fills, levees, floodwalls and streambank retaining devices.
In addition to the information required by § 105.13 (relating to permit applications—information and fees), applications for permits for existing structures under this subchapter shall contain the following information:
(1) A plan detailing the location of the existing fill, levee, floodwall or streambank retaining device.
(2) Cross sections of the stream and floodway.
(3) The type of all materials used in the fill, levee, floodwall or streambank retaining device.
(4) Plans of interior drainage, if available.
(5) Other information as the Department may require.
Source The provisions of this § 105.262 adopted 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 (38884) to (38885).
DESIGN CRITERIA FOR APPROVAL FOR CONSTRUCTION OR
MODIFICATION
§ 105.271. General criteria.
(a) An application for a proposed levee, fill or similar structure in or along the regulated waters of this Commonwealth will not be approved by the Department where one or more of the following will occur:
(1) It will increase flood heights, either on the opposite bank or upstream and flood easements or flood protection has not been provided.
(2) It will create erosive velocities in the stream and appropriate protection has not been provided.
(3) It will increase flood damages downstream through a loss of flood plain storage.
(b) An application for a proposed levee, fill or similar structure within the floodway of a regulated water of this Commonwealth will not be approved by the Department unless the applicant demonstrates that the project is consistent with local floodplain management programs.
Source The provisions of this § 105.271 adopted 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 (38885).
§ 105.272. Waste materials.
Waste materials of any type may not be used in the construction of fills, levees or similar structures, except under 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 related rules and regulations.
Authority The provisions of this § 105.272 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 § 105.272 adopted September 27, 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 (117714).
§ 105.273. Slopes.
The slope of a fill, levee or similar structure shall not be steeper than two horizontal to one vertical, unless special circumstances are demonstrated and adequate steps are taken to assure permanent stabilization of the slope.
Source The provisions of this § 105.273 adopted September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843.
§ 105.274. Top width of levees.
The top width of a levee shall not be less than 10 feet.
Source The provisions of this § 105.274 adopted September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843.
§ 105.275. Interior drainage.
Adequate facilities shall be provided to drain the interior area behind the levee or floodwall.
Source The provisions of this § 105.275 adopted September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843.
§ 105.276. Freeboard allowance.
The height of a levee or floodwall shall provide an allowance for freeboard above the design flood of the structure.
Source The provisions of this § 105.276 adopted September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843.
MAINTENANCE AND REPAIR
§ 105.281. Maintenance and repair of levees or floodwalls.
(a) The owner of a levee or floodwall shall inspect the levee or floodwall and appurtenant structures, including drainage facilities, at least annually and shall comply with § 105.53 (relating to inspections by owners and inspection reports).
(b) Trees and other vegetation with deep roots shall not be allowed on a levee used for flood control purposes, and vegetation shall at all times be controlled.
Source The provisions of this § 105.281 adopted 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 (38885).
§ 105.282. Maintenance of fills.
Fills shall at all times be maintained in a manner to prevent erosion and to assure the stability of the slopes.
Source The provisions of this § 105.282 adopted September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843.
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