Current through Register Vol. 54, No. 25, June 22, 2024
Section 105.4 - Delegations to local agencies(a) Under section 17 of the act (32 P.S. § 693.17) and subject to this section, the Department may by written agreement delegate to a county conservation district or other county agency one or more of its regulatory functions including enforcement and the power to permit, inspect and monitor specified categories of water obstructions and encroachments.(b) No delegation may be made of the authority to issue permits for a water obstruction or encroachment constructed, owned or maintained by the Commonwealth, a political subdivision or a public utility. Delegations may be made of the powers to inspect and monitor the activities, if the Department retains final authority to approve or disapprove permits, and concurrent authority to inspect, monitor and enforce the act.(c) To the extent delegated by the agreement, the delegations may include the authority to enforce the act and this chapter and to exercise other powers and duties otherwise vested in the Department to implement the act with respect to the categories of water obstructions and encroachments covered by the delegation.(d) A delegation agreement will: (1) Specify the powers and duties to be performed by the delegated agency.(2) Specify the categories of water obstructions and encroachment activities to be covered by the delegated agency.(3) Provide for the commitment by the delegated agency of sufficient trained staff and resources to perform the powers and duties to be delegated.(4) Require the delegated agency to maintain records of activities performed under the delegation.(5) Provide for monitoring and supervision by the Department of performance by the delegated agency of the functions delegated under the agreement.(e) A permit for a water obstruction or encroachment issued by a delegated agency is subject to review by the Department, unless the right of review is waived by the Department. A permit issued by a delegated agency shall become effective 30 days following the receipt of notice by the Department of issuance, unless the permit is disapproved by the Department or an appeal is filed with the Department under section 17 of the act.(f) When the Department delegates one or more of its regulatory functions to a local agency, the Department will retain the concurrent power to inspect and monitor categories of water obstructions and encroachments and to enforce the act and this chapter.The provisions of this § 105.4 adopted September 26, 1980, effective 9/27/1980, 10 Pa.B. 3843; amended October 11, 1991, effective 10/12/1991, 21 Pa.B. 4911; amended January 7, 2011, effective 1/8/2011, 41 Pa.B. 219.The provisions of this § 105.4 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).
This section cited in 25 Pa. Code § 105.14 (relating to review of applications); and 25 Pa. Code § 105.446 (relating to procedure for issuance).