Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 8238 (December 30, 2023).

25 Pa. Code § 106.31. Hydraulic capacity.

DESIGN CRITERIA FOR CONSTRUCTION OR MODIFICATION OF
HIGHWAYS OR OBSTRUCTIONS


§ 106.31. Hydraulic capacity.

 (a)  Highway obstructions or obstructions shall be designed and constructed in accordance with the following criteria:

   (1)  The highway obstruction or obstruction shall not significantly increase the 100-year flood height or stream velocity.

   (2)  The highway obstruction or obstruction shall pass flood flows without loss of structural stability, flotation, lateral movement, collapse or damage to the structure itself or to its mechanical equipment or contents below the 100-year flood elevation.

   (3)  The highway obstruction or obstruction shall not create or constitute a flood hazard to life or property.

   (4)  The highway obstruction or obstruction shall not significantly alter the floodplain.

   (5)  The highway obstruction or obstruction shall not increase velocity or direct flow so as to result in erosion of the floodplain.

 (b)  In determining flood flows and frequencies for purposes of this chapter, hydrologic analysis shall be by methods generally accepted in the engineering profession.

 (c)  In addition to requirements of subsections (a) and (b), the following general criteria apply to buildings providing for permanent residence, staffed by public employes daily or open to the general public including, but not limited to, hospitals, nursing homes, jails or similar confined residential facilities, emergency services centers and communication centers:

     (1)   The lowest floor shall be a minimum of 1 1/2 feet above the 100-year flood elevation.

     (2)   There must be provisions for the safe evacuation of occupants any time during a 100-year flood.

     (3)   There must be provisions for continuous access during the 100-year flood.

     (4)   The building should not create any significant possibility of pollution or debris which may endanger life and property.

 (d)  The determination of flood flows for design shall be made with reasonable consideration of development which may alter the runoff characteristics of the watershed during the anticipated life of the structure. Specific design criteria of this section may be waived or modified where the applicant demonstrates and the Department determines that:

   (1)  There are unique physical circumstances such as exceptional topography or other natural or man-made conditions such that the criteria cannot be reasonably applied.

   (2)  There will be no additional threat to public health and safety.

   (3)  There will be an exceptional hardship to the applicant if the criteria is not waived.

   (4)  There will be no conflict with other applicable laws or regulations, including local municipal floodplain management ordinances.

   (5)  In the case of emergency services or communication centers becoming inoperable during a flood, alternative facilities are provided for in the local or county emergency management plan.

 (e)  In addition to complying with the requirements of this chapter, hospitals, nursing homes, jails, and development which has been determined as dangerous to human life must also comply with 16 Pa. Code Chapter 38 (relating to floodplain management) adopted by the Department of Community Affairs under sections 207 and 301 of The Flood Plain Management Act (32 P. S. § §  679.207 and 679.301).

Cross References

   This section cited in 25 §  106.12 (relating to permit applications—information and fees).



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