Section 693.15 - Projects affecting submerged lands of the Commonwealth(a) No permit shall be granted pursuant to this act for any project to occupy submerged lands of the Commonwealth in any navigable lake or river or stream declared a public highway, unless the applicant has obtained an easement, right-of-way, license or lease pursuant to this act, or holds an estate or interest in such submerged lands pursuant to other specific authority from the General Assembly.(b) The department may, with the approval of the Governor, grant an easement, right-of-way, license or lease to occupy submerged lands of the Commonwealth in any navigable lake or river or stream declared a public highway, for any dam, water obstruction or encroachment which is constructed for the purpose of:(1) improving navigation or public transportation;(2) recreation, fishing or other public trust purposes;(3) protecting public safety or the environment;(4) providing water supply, energy production or waste treatment;(5) providing a public utility service by a government agency or subdivision or public utility or electric cooperative; or(6) other activities which require access to water. Such easement, right-of-way, lease or license shall provide for the payment to the Commonwealth of compensation for the use of its property in such amount and shall be subject to such terms and conditions as the department shall, with the approval of the Governor, prescribe.
(c) The total area of land which any such project may occupy under one or more easements, rights-of-way, licenses or leases granted by the department pursuant to this section shall not exceed 25 acres.(d) No easement, right-of-way, lease or license may be granted under this section which may adversely affect navigation or significantly impair the public's right in lands held in trust by the Commonwealth.(e) No title, easement, right-of-way or other interest in submerged lands or other real estate of the Commonwealth may be granted except as expressly provided by this section or other specific authority from the General Assembly.1978, Nov. 26, P.L. 1375, No. 325, § 15, effective 7/1/1979. Amended 1979, Oct. 23, P.L. 204, No. 70, § 1, imd. effective.