Current through Register Vol. 54, No. 36, September 7, 2024
Section 85.15 - Department notification to the EQB(a) Following the close of the municipal comment period on the tentative designation, the Department will prepare and transmit to the EQB a proposed rulemaking proposing 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 proposed rulemaking will contain the following: (1) The findings of the Department concerning the location and determination of the bluff recession hazard area in the municipality.(2) The nature of the existing and potential damage to property and structures.(3) 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) Following transmittal of the proposed rulemaking by the Department to the EQB, the EQB will give public notice and hold one or more public hearings on the proposed rulemaking to formally designate areas within municipalities as bluff recession hazard areas.(c) Following public hearings, the Department will consider the comments received and make appropriate revisions to the proposed rulemaking. The Department will then submit the proposed rulemaking to the EQB for final action. Following adoption by the EQB and publication of the formal designation, the Department will notify the municipality that it must within 6 months comply with the act and this chapter.The provisions of this §85.15 amended September 18, 2009, effective 9/19/2009, 39 Pa.B. 5415. This section cited in 25 Pa. Code § 85.26 (relating to designated municipalities and minimum bluff setback distances for identified categories of structures).