Subchapter M. STATEMENTS OF POLICY
WETLANDS
Sec.
105.451. Identification and delineation of wetlands—statement of policy.
105.452. Status of prior converted cropland—statement of policy.
WETLANDS
§ 105.451. Identification and delineation of wetlands—statement of policy.
(a) This section sets forth the policy of the Department as to the methodology to be used for the identification and delineation of wetlands.
(b) The use of some delineation method is necessary in order to administer, implement, enforce and determine compliance with the act, The Clean Streams Law (35 P. S. § § 691.1—691.1001), the Solid Waste Management Act (35 P. S. § § 6018.101—6018.1003), the Surface Mining Conservation and Reclamation Act (52 P. S. § § 1396.1—1396.31), the Pennsylvania Sewage Facilities Act (35 P. S. § § 750.1—750.20), the Oil and Gas Act (58 P. S. § § 601.101—601.605) and other applicable statutes administered by the Department and regulations promulgated under these statutes.
(c) The Department adopts and incorporates by reference the 1987 Corps of Engineers Wetland Delineation Manual (Technical Report Y-87-1) along with the guidance provided by the United States Army Corps of Engineers, Major General Arthur E. Williams’ memorandum dated 6 March 1992, Clarification and Interpretation of the 1987 Manual and any subsequent changes as the methodology to be used for identifying and delineating wetlands in this Commonwealth. The 1987 Corps Wetland Delineation Manual, Publication No. ADA 176734 is available from the National Technical Information Service (NTIS), Springfield, VA 21161, or telephone: (703) 487-4650. Copies of the Supplemental Guidance issued by the Corps concerning use of the 1987 Manual, (that is, the October 7, 1991, Questions and Answers, and the March 6, 1992, Clarification and Interpretation Memorandum) as well as the Administration’s Wetlands Plan of August 24, 1993, may be obtained by contacting the regulatory branch of a local Corps District, or the EPA Wetlands Hotline at (800) 832-7828. For more information, contact Pennsylvania Department of Environmental Protection, Bureau of Dams, Waterways and Wetlands, Post Office Box 8554, Harrisburg, Pennsylvania 17105-8554, telephone (717) 787-6827.
Source The provisions of this § 105.451 adopted October 27, 1989, effective December 27, 1989, 19 Pa.B. 4612; amended February 2, 1996, effective February 3, 1996, 26 Pa.B. 494. Immediately preceding text appears at serial pages (207778) to (207781).
Cross References This section cited in 25 Pa. Code § 96.3 (relating to water quality protection requirements); and 25 Pa. Code § 105.13 (relating to regulated activities—information and fees).
§ 105.452. Status of prior converted cropland—statement of policy.
(a) This section sets forth the policy of the Department as to the status of prior converted cropland in this Commonwealth.
(b) The use of some procedure for determining wetlands is necessary in order to administer, implement, enforce and determine compliance with the act, The Clean Streams Law (35 P. S. § § 691.1—691.1001), the Solid Waste Management Act (35 P. S. § § 6018.101—6018.1003), the Surface Mining Conservation and Reclamation Act (52 P. S. § § 1396.1—1396.31), the Pennsylvania Sewage Facilities Act (35 P. S. § § 750.1—750.20), the Oil and Gas Act (58 P. S. § § 601.101—601.605) and other applicable statutes administered by the Department and regulations promulgated under these statutes.
(c) Naturally occurring events may result in either creation or alteration of wetlands. It is necessary to determine whether alterations to an area have resulted in changes that are now ‘‘normal circumstances’’ of the particular area. The Department recognizes ‘‘prior converted cropland,’’ as defined in the National Food Security Act Manual (180-V-NFSAM, Third Edition, March 1994), as ‘‘normal circumstances’’ as the term is used in the definition of wetlands in § 105.1 (relating to definitions). These prior converted croplands are not regulated as wetlands under the Commonwealth’s Wetland Protection Program contained in this chapter. Prior converted cropland is defined in the National Food Security Act Manual, as wetlands that were drained, dredged, filled, leveled or otherwise manipulated, including the removal of woody vegetation, before December 23, 1985, and have not been abandoned, for the purpose of, or to have the effect of making the production of an agricultural commodity possible, and an agricultural commodity was planted or produced at least once prior to December 23, 1985.
(1) Abandonment is the cessation of cropping, forage production or management on prior converted cropland for 5 consecutive years, so that:
(i) Wetland criteria are met.
(ii) The area has not been enrolled in a conservation set-aside program.
(iii) The area was not enrolled in a State or Federal wetland restoration program other than the Wetland Reserve Program.
(2) Prior converted cropland may also be considered abandoned if the landowner provides written intent to abandon the area and wetland criteria are met.
(d) This policy change does not affect the exemption for plowing, cultivating, seeding and harvesting for the production of food, fiber and forest products or the waiver for maintenance of field drainage systems found at § 105.12(a)(7) and (8) (relating to waiver of permit requirements).
Source The provisions of this § 105.452 adopted February 2, 1996, effective February 3, 1996, 26 Pa.B. 494.
APPENDIX A
[Reserved]
Source The provisions of this Appendix A adopted July 24, 1981, effective July 25, 1981, 11 Pa.B. 2636; amended August 28, 1987, effective August 29, 1987, 17 Pa.B. 3569; amended October 6, 1989, effective October 7, 1989, 19 Pa.B. 4328; amended August 5, 1994, effective August 6, 1994, 24 Pa.B. 3899; reserved July 5, 2013, effective July 6, 2013, 43 Pa.B. 3775. Immediately preceding text appears at serial pages (210123) to (210126), (207785) to (207788), (266265) to (266268) and (207793) to (207797).
APPENDIX B
[Reserved]
Source The provisions of this Appendix B adopted December 28, 1990, effective December 29, 1990, 20 Pa.B. 6419; amended August 19, 1994, effective August 20, 1994, 24 Pa.B. 3907; reserved July 5, 2013, effective July 6, 2013, 43 Pa.B. 3775. Immediately preceding text appears at serial pages (207797) to (207807).
APPENDIX C
[Reserved]
Source The provisions of this Appendix C adopted July 22, 1983, effective July 23, 1983, 13 Pa.B. 2290; amended July 22, 1988, effective July 23, 1988, 18 Pa.B. 3257; amended August 19, 1988, effective August 20, 1988, 18 Pa.B. 3749; amended August 5, 1994, effective August 6, 1994, 24 Pa.B. 3913; reserved July 5, 2013, effective July 6, 2013, 43 Pa.B. 3775. Immediately preceding text appears at serial pages (207807) to (207820).
APPENDIX D
[Reserved]
Source The provisions of this Appendix D adopted February 3, 1984, effective February 4, 1984, 14 Pa.B. 398; amended May 26, 1989, effective June 26, 1989, 19 Pa.B. 2281; reserved July 5, 2013, effective July 6, 2013, 43 Pa.B. 3775. Immediately preceding text appears at serial pages (207820) to (207824), (266269) to (266270) and (207827) to (207839).
APPENDIX E
[Reserved]
Source The provisions of this Appendix E adopted January 15, 1988, effective February 16, 1988, 18 Pa.B. 276; reserved July 5, 2013, effective July 6, 2013, 43 Pa.B. 3775. Immediately preceding text appears at serial pages (207839) to (207842), (266271) to (266272) and (207845) to (207851).
APPENDIX F
[Reserved]
Source The provisions of this Appendix F adopted February 8, 1991, effective February 9, 1991, 21 Pa.B. 547; reserved July 5, 2013, effective July 6, 2013, 43 Pa.B. 3775. Immediately preceding text appears at serial pages (207851) to (207854), (266273) to (266274) and (207857) to (207867).
APPENDIX G
[Reserved]
Source The provisions of this Appendix G adopted April 12, 1991, effective April 13, 1991, 21 Pa.B. 1607; reserved July 5, 2013, effective July 6, 2013, 43 Pa.B. 3775. Immediately preceding text appears at serial pages (207867) to (207872), (266275) to (266278) and (207877) to (207885).
APPENDIX H
[Reserved]
Source The provisions of this Appendix H adopted October 5, 1984, effective October 6, 1984, 14 Pa.B. 3658; amended December 1, 1989, effective December 2, 1989, 19 Pa.B. 5165; amended December 27, 1991, effective December 28, 1991, 21 Pa.B. 5992; reserved July 5, 2013, effective July 6, 2013, 43 Pa.B. 3775. Immediately preceding text appears at serial pages (207885) to (207888), (266279) to (266282), (207893) to (207900) and (266283) to (266284).
APPENDIX I
[Reserved]
Source The provisions of this Appendix I adopted January 24, 1992, effective January 25, 1992, 22 Pa.B. 392; reserved July 5, 2013, effective July 6, 2013, 43 Pa.B. 3775. Immediately preceding text appears at serial pages (266284) and (207903) to (207912).
APPENDIX J
[Reserved]
Source The provisions of this Appendix J adopted July 8, 1994, effective August 8, 1994, 24 Pa.B. 3404; reserved July 5, 2013, effective July 6, 2013, 43 Pa.B. 3775. Immediately preceding text appears at serial pages (207912), (250799) to (250800) and (266285) to (266286).
APPENDIX O
[Reserved]
Source The provisions of this Appendix O adopted February 2, 1996, effective March 4, 1996, and will remain in effect indefinitely unless specifically modified, suspended or revoked by the Department, 26 Pa.B. 526; amended March 7, 1997, effective April 7, 1997, 27 Pa.B. 1195; reserved July 5, 2013, effective July 6, 2013, 43 Pa.B. 3775. Immediately preceding text appears at serial pages (266286) to (266290) and (227157) to (277160).
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