Current through Register Vol. 54, No. 50, December 14, 2024
Section 105.17 - WetlandsWetlands are a valuable public natural resource. This chapter will be construed broadly to protect this valuable resource.
(1)Exceptional value wetlands. This category of wetlands deserves special protection. Exceptional value wetlands are wetlands that exhibit one or more of the following characteristics:(i) Wetlands which serve as habitat for fauna or flora listed as "threatened" or "endangered" under the Endangered Species Act of 1973 (7 U.S.C.A. § 136; 16 U.S.C. A. §§ 4601-9, 460k-1, 668dd, 715i, 715a, 1362, 1371, 1372, 1402 and 1531-1543), the Wild Resource Conservation Act (32 P. S. §§ 5301-5314), 30 Pa.C.S. (relating to the Fish and Boat Code) or 34 Pa.C.S. (relating to the Game and Wildlife Code).(ii) Wetlands that are hydrologically connected to or located within 1/2-mile of wetlands identified under subparagraph (i) and that maintain the habitat of the threatened or endangered species within the wetland identified under subparagraph (i).(iii) Wetlands that are located in or along the floodplain of the reach of a wild trout stream or waters listed as exceptional value under Chapter 93 (relating to water quality standards) and the floodplain of streams tributary thereto, or wetlands within the corridor of a watercourse or body of water that has been designated as a National wild or scenic river in accordance with the Wild and Scenic Rivers Act of 1968 (16 U.S.C.A. §§ 1271-1287) or designated as wild or scenic under the Pennsylvania Scenic Rivers Act (32 P. S. §§ 820.21-820.29).(iv) Wetlands located along an existing public or private drinking water supply, including both surface water and groundwater sources, that maintain the quality or quantity of the drinking water supply.(v) Wetlands located in areas designated by the Department as "natural" or "wild" areas within State forest or park lands, wetlands located in areas designated as Federal wilderness areas under the Wilderness Act (16 U.S.C.A. §§ 1131-1136) or the Federal Eastern Wilderness Act of 1975 (16 U.S.C.A. § 1132) or wetlands located in areas designated as National natural landmarks by the Secretary of the Interior under the Historic Sites Act of 1935 (16 U.S.C.A. §§ 461-467).(2)Other wetlands. This category includes wetlands not categorized as exceptional value wetlands.(3)Permits. The Department will maintain a list of permit decisions involving wetlands. This list will be a matter of public record and will be available for inspection at the Department's offices.The provisions of this § 105.17 adopted November 2, 1979, effective 11/3/1979, 9 Pa.B. 3640; amended September 26, 1980, effective 9/27/1980, 10 Pa.B. 3843; amended October 11, 1991, effective 10/12/1991, 21 Pa.B. 4911.The provisions of this § 105.17 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 7 Pa. Code §130d.1 (relating to definitions); 7 Pa. Code §130d.45 (relating to prohibited applications); 25 Pa. Code § 93.1 (relating to definitions); 25 Pa. Code § 96.3 (relating to water quality protection requirements); 25 Pa. Code § 105.13 (relating to regulated activities-information and fees); 25 Pa. Code § 105.16 (relating to environmental, social and economic balancing); 25 Pa. Code § 105.442 (relating to authorization for general permits); 25 Pa. Code § 250.1 (relating to definitions); 25 Pa. Code § 250.311 (relating to evaluation of ecological receptors); 25 Pa. Code § 271.915 (relating to management practices); 25 Pa. Code § 273.202 (relating to areas where municipal waste landfills are prohibited); 25 Pa. Code § 275.202 (relating to areas where the land application of sewage sludge is prohibited); § 277.202 (relating to areas where construction/demolition waste landfills are prohibited); 25 Pa. Code § 279.202 (relating to areas where transfer facilities are prohibited); 25 Pa. Code § 281.202 (relating to areas where general composting facilities are prohibited); and 25 Pa. Code § 283.202 (relating to areas where resource recovery facilities and other processing facilities are prohibited).