§ 85.22. Methods of determining minimum bluff setback distances.

 (a)  The Department will develop minimum bluff setback distances for each municipality tentatively designated as having a bluff recession hazard area by applying the following formula:

 (b)  When the Department receives the completed application, it will review the application based on the criteria for a variance pursuant to §  85.37(4) (relating to contents of ordinance and regulations submitted by municipality) within 45 days, and send a certified letter to the applicant approving or disapproving the variance. A copy of this letter will be sent to the municipality for its permanent record. If the Department does not take action regarding the application within 45 days, the application will be deemed approved.

   (1)  The rate of bluff recession is the average annual rate of recession for all the municipality’s bluff as calculated by the Department.

   (2)  The appropriate life span of structure is 50 years for residential homes, 75 years for commercial structures, and 100 years for light and heavy industrial structures.

 (c)  In no case shall the minimum bluff setback distance be less than 50 feet. When use of the formula identified in subsection (a) would produce a minimum bluff setback distance of less than 50 feet, the formula shall not apply and 50 feet shall be the minimum bluff setback distance.

   This section cited in 25 Pa. Code §  85.24 (relating to activities within a bluff recession hazard area); and 25 Pa. Code §  85.35 (relating to municipal adoption of more restrictive ordinance).