Subchapter B. PROCEDURE FOR DESIGNATION OF AREAS WITH BLUFF RECESSION HAZARDS

§ 85.11. General requirements.

 (a)  Under section 4 of the act (32 P. S. §  5204), studies will be conducted when necessary to identify bluff recession hazard areas in this Commonwealth. Studies prepared for these purposes shall do all of the following:

   (1)  Identify the geographic location of the potential hazard area; county, township, and so forth.

   (2)  Define and evaluate the bluff recession hazard in relation to geophysical processes such as recession and erosion related phenomena and examine the causative factors.

   (3)  Review and evaluate existing and potential damage to property and structures caused by progressive bluff recession.

   (4)  Develop a recession rate based on historical evidence.

   (5)  Develop conclusions and recommendations based on the findings of the studies.

 Following completion of the study, the Department will, by certified letter, notify the governing body of the municipality that it has been tentatively designated as possessing a bluff recession hazard area. The letter shall contain all of the following information:

   (1)  The geographic location of the hazard area.

   (2)  A summary of the findings of the study by the Department.

   (3)  The historic recession rate and the process used to calculate this rate.

   (4)  The minimum bluff setback distances that will be required by the Department.

   (5)  A request for comments from the municipality concerning the tentative designation and setback distances.

   (6)  Specification of the time limits for comment.

   (7)  Notice that a public hearing will be held concerning the designation of bluff recession hazard areas by the Environmental Quality Board prior to formal designation.

 (a)  When the Department receives comments from a tentatively designated municipality, it will prepare and transmit to the Environmental Quality Board a request for formal designation of the bluff recession hazard area of the municipality and the establishment of bluff setback distances in the bluff recession hazard area. The request will contain, at a minimum, all of the following:

   (1)  The findings of the Department concerning the location and deter- mination of the bluff recession hazard area in the municipality.

   (2)  The nature of the existing and potential damage to property and structures.

   (3)  All comments received from the affected municipality.

   (4)  A recommendation, incorporating consideration of the comments received from the municipality, that the area be designated as a bluff recession hazard area and subject to Subchapter D (relating to municipal bluff setback ordinance and regulations).

 (b)  In the event a municipality disagrees with the letter of the Department tentatively designating it as possessing a bluff recession area and the required setback distances and has not submitted comments acceptable to the Department, the appropriate representatives of the Department will contact and offer to meet with representatives of the municipality to review, discuss, and attempt to resolve the differences. This meeting will be held within 30 days from the date of the letter received from the municipality.

 (c)  In the event a municipality fails to comment within the time prescribed in §  85.13(6) (relating to Department notification to municipalities), the Department will assume the municipality is in agreement and will note that municipality provided no comment concerning the designation and the required setback distance within the allotted time.

 (d)  Following transmittal of the request by the Department to the Environmental Quality Board, the Environmental Quality Board will give public notice and hold public hearings on the request to formally designate areas within municipalities as bluff recession hazard areas.

 (e)  Following public hearings, the Department will consider the comments received at the public hearing and make appropriate revisions to the request and resubmit it to the Environmental Quality Board for final action. Following an affirmative action by the Environmental Quality Board, the Department will notify the municipality that it must within 6 months comply with the act and this chapter.

   This section cited in 25 Pa. Code §  85.26 (relating to designated municipalities and minimum bluff setback distances for identified categories of structures).