Section 5205 - Bluff setback requirements(a) In any area designated as having a bluff recession hazard, no person shall construct, install, or engage in substantial improvement to any structure, or any utility facility such as but not limited to water, sewage, electric, gas, oil or telephone facilities, in violation of the bluff setback requirements established pursuant to this section.(b) The Environmental Quality Board shall, by regulation, establish minimum bluff setback requirements for bluff recession hazard areas. In setting such standards, the board shall consider the applicable bluff recession rates, the appropriate life span of various classes of structures, and other relevant factors affecting the public safety and bluff stability.(c) The Environmental Quality Board shall adopt regulations providing standards and procedures for variances to the bluff setback requirements. Such regulations shall require at a minimum that the applicant demonstrate and the administering agency determine that:(1) A parcel established prior to a bluff recession hazard area designation does not have adequate depth considering the minimum bluff setback requirements to provide for any reasonable use of the land; or the proposed structure or utility facilities require access to the body of water and there is no feasible alternative for obtaining such access.(2) Sound land use practices will be applied to the design, placement, construction and use of the structure or utility facilities to control runoff, erosion and acceleration of bluff recession.(3) The structure or utility facilities will, to the maximum extent feasible, comply with the bluff setback requirements and will otherwise be designed and constructed in a manner which adequately protects against potential dangers from bluff recession, and will incorporate all feasible measures to minimize risks to life and property.(d) The department may grant variances to the bluff setback requirements in the period prior to formal approval of a municipal bluff setback ordinance and regulations. Following approval by the department of a municipality's bluff setback ordinance and regulations, variances shall be granted by the designated municipality.1980, May 13, P.L. 122, No. 48, § 5, imd. effective.