Current through Register Vol. 54, No. 45, November 9, 2024
Section 113.8 - Coordination and uniform enforcement of municipal floodplain management regulations(a) Section 205 of the act (32 P. S. § 679.205) requires the Department to adopt regulations establishing certain criteria and standards for the coordination and uniform enforcement of municipal floodplain management regulations. In order to carry out this responsibility, the following criteria, standards and requirements are established: (1) As municipalities develop their individual floodplain management plans, programs and regulations, consideration shall be given to the comprehensive planning and land use activities being undertaken by other municipalities within the watershed.(2) The floodplain management plans, programs and activities undertaken by individual municipalities within a watershed shall be coordinated and compatible with the needs and circumstances of the watershed generally and with a floodplain management or stormwater management plan which has been adopted by a group of municipalities, county or river basin commission.(3) The technical aspects and requirements of the floodplain management regulations enacted by individual municipalities within a particular watershed shall be coordinated and compatible with those of other municipalities within the watershed.(4) Floodplain delineations shall be continuous from one adjacent municipality to another and coordinated throughout the watershed.(5) At a minimum the floodplain management regulations of municipalities shall apply to the following kinds of construction and development activities within areas subject to the 100-year flood:(i) Completely new buildings or structures.(ii) Substantial improvements to existing buildings or structures.(iii) A man-made change to improved or unimproved real estate, including, but not limited to, filling, grading, paving, excavation, mining, dredging and drilling operations.(6) The floodplain management regulations enacted by municipalities shall be thoroughly and equitably administered by each municipality or combination of municipalities.(7) Identified municipalities shall forward a complete set of their up-to-date floodplain management regulations to the Department and county planning commission and shall also notify the Department and county planning commission of future changes or amendments to those regulations within 30 days following the date a change or amendment is enacted.(8) Identified municipalities shall forward an annual report to the appropriate regional office of the Department. The report shall be on forms provided by the Department. In addition, the Department may require other pertinent information that it considers necessary in order to satisfactorily carryout its responsibilities.(b) Where the floodplain management regulations or activities of a municipality are uncoordinated or inconsistent with those of another municipality, the Department will be available to assist with the resolution of the situation. Where two or more municipalities are unable to reconcile problems or differences, the Department will make a final determination which will be based upon the needs and circumstances of the municipalities involved and of the watershed generally. In those instances when the Department must assist with the resolution of problems or differences, it shall notify the appropriate county planning commission of information and assistance it may be able to provide.