Section 1340.313 - Rulemaking authority(a) Interests of Commonwealth.--The department shall, in the manner provided by law, promulgate such rules and regulations, not inconsistent with law, for the control, management, protection, utilization, development, occupancy and use of the lands and resources of State parks and State forests, as it may deem necessary or proper to conserve the interests of the Commonwealth.(b) State parks.--Rules and regulations with respect to State parks shall be compatible with the purposes for which State parks are created.(c) State forests.--Rules and regulations with respect to State forests shall be compatible with the purposes for which the State forests are created, namely to provide a continuous supply of timber, lumber, wood and other forest products, to protect the watersheds, conserve the waters and regulate the flow of rivers and streams of this Commonwealth and to furnish opportunities for healthful recreation to the public.(d) General rule.--The department shall promulgate such rules and regulations as are necessary to carry out this act.(e) Conduct on Commonwealth property.--The department shall have the powers vested in the Department of Environmental Resources under 18 Pa.C.S. § 7506 (relating to violation of rules regarding conduct on Commonwealth property).(f) Powers of Environmental Quality Board.--The department shall continue to exercise any power to formulate, adopt and promulgate rules and regulations heretofore vested in the Environmental Quality Board set forth in section 1920-A(c) of the act of April 9, 1929 (P.L. 177, No. 175), known as The Administrative Code of 1929, insofar as that power relates to the power and duty to promulgate regulations imposed upon the Department of Forests and Waters, the Secretary of Forests and Waters, the Pennsylvania State Park and Harbor Commission of Erie and the State Forest Commission.(g) Powers and duties conferred by statute.--The department shall have the powers and duties previously vested in the Environmental Quality Board by the following: Sections 7, 8 and 9 of the act of June 23, 1982 (P.L. 597, No. 170), known as the Wild Resource Conservation Act.
Section 5 of the act of December 18, 1990 (P.L. 748, No. 188), known as the Rails to Trails Act.
(h) Existing rules.--Any such rules and regulations promulgated prior to the effective date of this act shall be the rules and regulations of the department until such time as they are modified or repealed by the department.(i) Law applicable.-- The department shall promulgate its rules and regulations subject to the act of July 31, 1968 (P.L. 769, No. 240), referred to as the Commonwealth Documents Law, the act of October 15, 1980 (P.L. 950, No. 164), known as the Commonwealth Attorneys Act, and the act of June 25, 1982 (P.L. 633, No. 181), known as the Regulatory Review Act, except for the establishment of fees and charges undersection 314.1995, June 28, P.L. 89, No. 18, § 313, effective 7/1/1995.