25 Pa. Code § 85.1
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Act-The Bluff Recession and Setback Act (32 P. S. §§ 5201-5215).
Bluff-A high bank or bold headland with a broad precipitous cliff face overlooking a lake.
Bluff line-The edge or crest of the bluff.
Bluff recession-The loss of material along the bluff face caused by the direct or indirect action by one or a combination of groundwater seepage, water currents, wind generated water waves or high water levels.
Bluff recession hazard area-An area or zone where the rate of progressive bluff recession creates a substantial threat to the safety or stability of nearby existing or future structures or utility facilities.
(Editor's Note: Section 2 of the act of July 7, 2011 (P. L. 301, No. 72) (Act 72) revised the definition of "bluff recession hazard area" in section 3 of the act (32 P. S. § 5203) by adding the following: "The term shall not include any area where the horizontal distance, measured perpendicular to the shoreline, between the shoreline and the bluff toe is in excess of 250 feet and such area shall not be subject to any Environmental Quality Board regulations or municipal setback ordinance or regulation established under this act.")
Bluff setback ordinance and regulations-Building codes, zoning ordinances, subdivision regulations, health regulations, special purpose ordinances and other applications of the police power, which provide standards for the location of structures and facilities in bluff recession hazard areas.
Department-The Department of Environmental Protection of the Commonwealth.
Development-Development shall be defined as follows:
High bank-A bank over 5 feet high.
Lake-A body of fresh water covering at least 9,000 square miles.
Market value-The value of a structure determined by a certified appraisal or by determining the assessed value of a structure and applying the assessment ratio of the county in which the structure is located.
Minimum bluff setback distances-The shortest horizontal distance from a point on the bluff line to a point on a structure.
Municipality-A county, city, borough, town or township or any other governmental unit when acting as an agent thereof or any combination thereof acting jointly.
Parcel-A piece of ground that existed as an independent tax lot on the records of the county prior to its inclusion in designated bluff recession hazard areas of a municipality.
Person-An individual, partnership, public or private association or corporation, firm, trust estate, municipality, governmental unit, public utility or other legal entity which is recognized by law as the subject of rights and duties. Whenever used in any section prescribing or imposing a penalty, the term "person" includes the members of a partnership, the officers, members, servants and agents of an association, officers, agents and servants of a corporation, but excludes any department, board, bureau or agency of the Commonwealth.
Plat-A map, drawing or print accurately drawn to scale showing the proposed or existing location of all structures.
Structure-A man made object having an ascertainable stationary location on or in land whether or not affixed to the land; structures are classified into three categories residential, commercial and light and heavy industrial.
Structure life span-The useful life of the structure considering both economic and physical factors.
Substantial improvement-Substantial improvement shall be defined as follows:
(Editor's Note: Section 2 of Act 72 added the following definitions to section 3 of the act:
"Bluff toe-The base of a bluff.
Shoreline-The ordinary high water mark of Lake Erie of 573.4 feet as defined in accordance with the International Great Lakes Datum 1985 (IGLD 1985) as recognized by the United States Army Corps of Engineers.")
25 Pa. Code § 85.1