§ 85.26. Designated municipalities and minimum bluff setback distances for identified categories of structures.
(a) Under § 85.15 (relating to Department notification to the Quality Board), the municipalities identified in subsection (c) have been designated as possessing a bluff recession hazard area.
(b) The municipalities designated in subsection (c) are required to adopt and implement a bluff setback ordinance and regulations which incorporate the bluff setback distances listed in subsection (c).
(c) Designated municipalities and setback distances in feet.
| Municipality | Residential | Commercial | Light and Heavy Industrial |
| Springfield Township Erie County | 100' | 150' | 200' |
| Girard Township Erie County | 60' | 90' | 120' |
| Lake City Borough Erie County | 60' | 90' | 120' |
| Millcreek Township Erie County | 50' | 75' | 100' |
| Fairview Township Erie County | 50' | 75' | 100' |
| Lawrence Park Township Erie County | 50' | 75' | 100' |
| Harborcreek Township Erie County | 50' | 75' | 100' |
| North East Township Erie County | 50' | 75' | 100' |
Environmental Quality Board Regulations
The Bluff Recession and Setback Act and regulations promulgated by the Environmental Quality Board contain substantive provisions governing bluff setbacks and variances from those setbacks; therefore, variances contained in the Municipalities Planning Code were not applicable to amusement park’s request for variance from setback requirements of township’s bluff setback ordinance. Candela v. Millcreek Township Zoning Hearing Board, 887 A.2d 335, 340 (Pa. Cmwlth. 2005).
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