Subchapter D. STREAM ENCLOSURES


GENERAL PROVISIONS

Sec.


105.181.    Scope.
105.182.    [Reserved].

PERMITS


105.191.    Permit applications for construction or modification of stream enclosures.
105.192.    Permit applications for operation and maintenance of existing stream enclosures.

CRITERIA FOR APPROVAL OF CONSTRUCTION
OR MODIFICATION


105.201.    Hydraulic capacity.
105.202.    Local government approval.

MAINTENANCE


105.211.    Maintenance.

Cross References

   This subchapter cited in 25 Pa. Code §  105.14 (relating to review of applications); and 25 Pa. Code §  105.142 (relating to applicability of stream enclosure rules).

GENERAL PROVISIONS


§ 105.181. 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 and removal of a stream enclosure or a culvert in regulated waters of this Commonwealth of upstream to downstream length in excess of 100 feet.

Source

   The provisions of this §  105.181 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 (38877) to (38878).

§ 105.182. [Reserved].


Source

   The provisions of this §  105.182 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 (38878).

PERMITS


§ 105.191. Permit applications for construction or modification of stream enclosures.

 In addition to the information required by §  105.13 (relating to permit applications—information and fees), applications for permits under this subchapter for the construction and modification of stream enclosures shall contain the following information:

   (1)  The location, type, size and height of the proposed stream enclosure.

   (2)  A profile of the stream for a reasonable distance above and below the proposed site showing slopes of bed, normal water surface and flood water surface.

   (3)  Estimates of flood frequencies and flood flows at the site of the proposed structure, including such information as can be reasonably obtained regarding actual rainfall and flood flow records on the stream.

   (4)  An analysis of the hydraulic capacity of the proposed structure.

   (5)  A description of the purposes of the proposed structure.

   (6)  A complete listing and description of other enclosures and culverts, bridges, dams and other water obstructions located a reasonable distance upstream and downstream of the proposed enclosure.

   (7)  Proof of title or adequate flowage and other easements for lands included in the site of the proposed structure, including lands which may be subject to flooding by backwater from the structure during a 100-year flood.

   (8)  Other information as the Department may require.

Source

   The provisions of this §  105.191 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 (38878).

§ 105.192. Permit applications for operation and maintenance of existing stream enclosures.

 (a)  In addition to information required by §  105.13 (relating to permit applications—information and fees), a permit application for the operation and maintenance of existing stream enclosures shall give the following information:

   (1)  The location, type, size and height of the proposed stream enclosure.

   (2)  A profile of the stream for a reasonable distance above and below the existing site.

   (3)  An analysis of the hydraulic capacity of the existing structure.

   (4)  A description of the purposes of the existing structure.

   (5)  Other information the Department may require.

Source

   The provisions of this §  105.192 adopted September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843.

CRITERIA FOR APPROVAL OF CONSTRUCTION OR
MODIFICATION


§ 105.201. Hydraulic capacity.

 (a)  A stream enclosure shall be designed and constructed to pass the flows from a flood of 100-year frequency, with no more than a 1.0-foot increase in the 100-year water surface elevation over the water surface elevation of the natural unimpeded 100-year flow, except where the stream enclosure would be located in a floodway which is delineated on a FEMA map in which case no increase in the 100-year water surface elevation will be permitted. The 100-year discharge shall be based upon the degree of development of the contributing watershed projected throughout the lifetime of the structure. The Department may require capacity in excess of that necessary to carry the flows from a 100-year flood if it determines the capacity is necessary to protect the structure or to assure the safety of life and property upstream or downstream of the enclosure.

 (b)  An exception to the criteria of subsection (a) may be approved by the Department if the applicant prepares a risk assessment which demonstrates, and the Department finds, that the structure will not significantly increase the flooding threat to life, property or the environment, and if applicable, is consistent with municipal floodplain management programs adopted pursuant to the National Flood Insurance Program and a FEMA Flood Insurance Study. This information can be obtained from the Department of Community Affairs, Floodplain Management Division, Forum Building, Harrisburg, Pennsylvania 17120.

Authority

   The provisions of this §  105.201 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 §  105.201 adopted August 11, 1978, effective August 28, 1978, 8 Pa.B. 2229; amended September 26, 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 pages (117704) to (117705).

§ 105.202. Local government approval.

 No political subdivision may issue a building or other permit which allows for the construction of a stream enclosure unless and until the Department has approved the enclosure.

Source

   The provisions of this §  105.202 adopted September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843.

MAINTENANCE


§ 105.211. Maintenance.

 (a)  Stream enclosures shall be maintained in accordance with § §  105.171 and 105.172 (relating to maintenance; and inadequate or collapsed structures).

 (b)  Stream enclosures shall include provisions for adequate access to allow maintenance of the entire length of the enclosure. The access points shall be protected, to the maximum extent possible, in a manner which will prevent the entrance of unauthorized persons.

Source

   The provisions of this §  105.211 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 (38879) to (38880).



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