1. FLOOD PLAIN
    2. ACT
      1. Edward G. RendellKathleen A. McGinty
      2. GovernorSecretary
      3. TABLE OF CONTENTS

 
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
HARRISBURG, PENNSYLVANIA
FLOOD PLAIN
MANAGEMENT
ACT
OFFICE OF WATER MANAGEMENT
BUREAU OF WATERSHED MANAGEMENT
Edward G. Rendell
Kathleen A. McGinty
Governor
Secretary

FLOOD PLAIN MANAGEMENT ACT
Act of October 4, 1978, P.L. 851, No. 166
32 P.S. ยง679.101 et seq.
This is not the official version and we are not responsible for any
errors in this publication. Any discrepancies between this version
and the official version will be resolved in favor of the official
version.
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
OFFICE OF WATER MANAGEMENT
BUREAU OF WATERSHED MANAGEMENT
DIVISION OF WATERWAYS, WETLANDS AND
STORMWATER MANAGEMENT
P.O. BOX 8775
HARRISBURG, PA 17105-8775

 
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"FLOOD PLAIN MANAGEMENT ACT "
Act of Oct. 4, 1978, P.L. 851, No. 166
AN ACT
Providing for the regulation of land and water use for flood control
purposes, imposing duties and conferring powers on the
Department
of Community Affairs, the Department of
Environmental Resources, and municipalities, providing for
penalties and enforcement and making appropriations.
Compiler's Note:
Section 1101 of Act 45 of 1999 provided that
Act 45 shall not repeal or in any way affect Act 166 and
regulations and ordinances promulgated under Act 166.
Compiler's Note:
Section 301(a)(15) of Act 58 of 1996, which
created the Department of Community and Economic
Development and abolished the Department of Community
Affairs, provided that flood plain management under Act 166 is
transferred from the Department of Community Affairs to the
Department of Community and Economic Development.
TABLE OF CONTENTS
Chapter 1.
Preliminary Provisions
Section 101.
Short title.
Section 102.
Statement of legislative findings.
Section 103.
Statement of policy and purposes.
Section 104.
Definitions.
Chapter 2.
Municipal Participation in National Flood
Insurance Program
Section 201.
Required participation in National Flood Insurance
Program.
Section 202.
Adoption of flood plain management regulations.
Section 203.
Relationship of flood plain management regulations to
the Pennsylvania Municipalities Planning Code and
other applicable enabling legislation.
Section 204.
Requirements of the National Flood Insurance
Program deemed minimum standards.
Section 205.
Department review and approval of municipal flood
plain management regulations.
Section 206.
Municipalities required to comply with department
regulations.
Section 207.
Regulations to prohibit development which has been
determined as dangerous to human life.

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Chapter 3.
Regulation of Particular Obstructions
Section 301.
Obstructions posting special hazards in flood plains.
Section 302.
Exclusive State jurisdiction over certain obstructions
in flood plains.
Chapter 4.
Powers and Duties
Section 401.
Powers and duties of the Department of Community
Affairs and the Department of Environmental
Resources.
Section 402.
Additional powers and duties of the Department of
Community Affairs, Department of Environmental
Resources and municipalities.
Section 403.
Inspections.
Section 404.
Grants and reimbursements to municipalities and
counties.
Chapter 5.
Penalties; Civil Remedies; Appeals
Section 501.
Penalties.
Section 502.
Civil remedies.
Section 503.
Appeals.
Chapter 6.
Miscellaneous; Appropriations
Section 601.
Preservation of existing rights and remedies.
Section 602.
Appropriations.
Section 603.
Repealer and savings clause.
Section 604.
Effective date.

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The General Assembly of the Commonwealth of Pennsylvania hereby
enacts as follows:
CHAPTER 1
PRELIMINARY PROVISIONS
Section 101.
Short title.
This act shall be known and may be cited as the "Flood Plain
Management Act."
Section 102.
Statement of legislative findings.
(a) Flooding of large areas of land within the Commonwealth
causes unnecessary loss of life, destroys private and public property,
damages means of livelihood and economic resources; disrupts
commerce, communication, utility and governmental services; causes
pollution and unsanitary conditions; carries solid waste, sewage and
other materials injurious to health and property; all of which is
detrimental to the health, safety and welfare of the people of the
Commonwealth.
(b) Extensive expenditures of public funds have been allocated to
costly flood control projects, repair and maintenance of public facilities
and property, and relief and rescue efforts, to reduce the disastrous
effects of recurrent flooding.
(c) The exclusive use of flood control measures, such as
engineering projects, has failed to significantly reduce the human
suffering and economic losses caused by recurrent flooding.
(d) A comprehensive and coordinated program of flood plain
management, based upon the National Flood Insurance Program, is
fundamental to the health, safety, welfare and protection of the people
of the Commonwealth.
Section 103.
Statement of policy and purposes.
The policy and purpose of this act is to:
(1) Encourage planning and development in flood plains
which are consistent with sound land use practices.
(2) Protect people and property in flood plains from the
dangers and damage of floodwaters and from materials carried by such
floodwaters.
(3) Prevent and eliminate urban and rural blight which results
from the damages of flooding.
(4) Authorize a comprehensive and coordinated program of
flood plain management, based upon the National Flood Insurance
Program, designed to preserve and restore the efficiency and carrying
capacity of the streams and flood plains of the Commonwealth.
(5) Assist municipalities in qualifying for the National Flood
Insurance Program.
(6) Provide for and encourage local administration and
management of flood plains.

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(7) Minimize the expenditure of public and private funds for
flood control projects and for relief, rescue and recovery efforts.
Section 104.
Definitions.
The following words and phrases when used in this act shall have,
unless the context clearly indicates otherwise, the meanings given to
them in this section:
"Department."
The Department of Community Affairs of the
Commonwealth of Pennsylvania.
"Fill."
Sand, gravel, earth or other material placed or deposited so
as to form an embankment or raise the elevation of the land surface.
"Flood."
A general but temporary condition of partial or complete
inundation of normally dry land areas from the overflow of streams,
rivers or other waters of the Commonwealth.
"Flood plain management regulations."
Zoning ordinances,
subdivision regulations, building codes, health regulations, special
purpose ordinances and other applications of police power. The term
describes such State or local regulations, in any combination thereof,
which provide standards for the purpose of flood damage, prevention
and reduction.
"Floodproofing."
Structural or other changes or adjustments to
properties or obstructions for the reduction or elimination of flood
damages to such properties and obstructions or to the contents of any
structure.
"Municipality."
A city, borough, town or township or any similar
general purpose unit of government, or county or other governmental
unit when acting as an agent thereof, or any combination thereof acting
jointly.
"New mobile home park or mobile home subdivision."
A parcel (or
contiguous parcels) of land divided into two or more mobile home lots
for rent or sale for which the construction of facilities for servicing the lot
on which the mobile home is to be affixed (including at a minimum, the
installation of utilities, either final site grading or the pouring of concrete
pads, and the construction of streets) is completed on or after the
effective date of flood plain management regulations adopted by a
community.
"Obstruction."
Any structure or assembly of materials including fill
above or below the surface of land or water, and an activity which might
impede, retard or change flood flows. The planting, cultivation and
harvesting of field and orchard crops or the grazing of livestock,
including the maintenance of necessary appurtenant agricultural
fencing, shall not be considered an "obstruction" under this definition
and shall not be subject to regulation under this act.
"One hundred-year flood."
The highest level of flooding that, on the
average, is likely to occur every 100 years, that is, that has a 1%
chance of occurring each year.
"One hundred-year flood plain"
or
"flood plain."
The 100-year
floodway and that maximum area of land that is likely to be flooded by a

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100-year flood shown on flood plain maps approved or promulgated by
the United States Department of Housing and Urban Development.
"Person."
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit, public
utility or any other legal entity whatsoever which is recognized by law as
the subject of rights and duties.
"Public utility service."
The rendering of the following services for
the public:
(1) gas, electricity or steam production, generation,
transmission or distribution;
(2) water diversion, pumping, impoundment or distribution;
(3) railroad transportation of passengers or property;
(4) operation of a canal, turnpike, tunnel, bridge, wharf or
similar structure;
(5) transportation of natural or artificial gas, crude oil, gasoline
or petroleum products, materials for refrigeration or other fluid
substances by pipeline or conduit;
(6) telephone or telegraph communications; and
(7) sewage collection, treatment or disposal.
"Special hazard obstruction."
This shall include but not be limited
to hospitals, nursing homes, jails and facilities necessary for emergency
response.
"Substantial improvement."
Any repair, reconstruction or
improvement of a structure, the cost of which equals or exceeds 50% of
the market value of the structure either:
(1) before the improvement or repair is started; or
(2) if the structure has been damaged, and is being restored,
before the damage occurred.
For the purposes of this definition "substantial improvement" is
considered to occur when the first alteration of any wall, ceiling, floor or
other structure part of the building commences, whether or not that
alteration affects the external dimensions of the structure. The term
does not, however, include either:
(i) any project for improvement of a structure to comply
with existing State or local health, sanitary or safety code specifications
which are solely necessary to assure safe living conditions; or
(ii) any alteration of a structure listed on the National
Register of Historic Places or a State inventory of historic places.
"Watershed."
The entire region or area drained by a river or other
body of water, whether natural or artificial.
Compiler's Note:
The Department of Community Affairs, referred
to in the def. of "department," was abolished by Act 58 of 1996
and its functions were transferred to the Department of
Community and Economic Development.

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CHAPTER 2
MUNICIPAL PARTICIPATION IN NATIONAL FLOOD
INSURANCE PROGRAM
Section 201.
Required participation in National Flood
Insurance Program.
(a) Each municipality which has been notified by the United States
Department of Housing and Urban Development that it has been
identified as having an area or areas which are subject to flooding shall
participate in the National Flood Insurance Program.
(b) If a municipality with an area or areas subject to flooding is not
participating in the National Flood Insurance Program at the time this
act becomes effective, such municipality shall apply for eligibility and
fully comply with the requirements for participation within six months of
the effective date of this act, or six months from the date of notification
by the United States Department of Housing and Urban Development
that it has been identified as having an area or areas subject to flooding,
whichever is first.
(c) If a municipality, for whatever reason, is suspended from the
National Flood Insurance Program, once having gained eligibility, such
municipality shall regain eligibility within 90 days of the date of receipt of
its notice of suspension.
Section 202.
Adoption of flood plain management regulations.
Each municipality which has been identified by the United States
Department of Housing and Urban Development as having an area or
areas subject to flooding, shall adopt such flood plain management
regulations, and amendments thereto, as are necessary to comply with
the requirements of the National Flood Insurance Program within six
months after a flood plain map is approved or promulgated for the
municipality by the United States Department of Housing and Urban
Development.
Section 203.
Relationship of flood plain management
regulations to the Pennsylvania Municipalities
Planning Code and other applicable enabling
legislation.
The adoption and administration by municipalities of flood plain
management regulations, or amendments thereto, which are necessary
to comply with the requirements of the National Flood Insurance
Program shall be governed by the provisions of the act of July 31, 1968
(P.L.805, No.247), known as the "Pennsylvania Municipalities Planning
Code," or other applicable enabling legislation; provided, that a
municipality may adopt flood plain management regulations for the flood
plain without adopting ordinances, codes or regulations for any other
area of the municipality, notwithstanding any provision of the
Municipalities Planning Code or other applicable enabling legislation.

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Section 204.
Requirements of the National Flood Insurance
Program deemed minimum standards.
The flood plain management regulations adopted by a municipality
in order to comply with the requirements of the National Flood Insurance
Program shall be deemed minimum standards for the management of
the flood plains, and no provision of this act shall be construed as in any
way limiting the power of any municipality to adopt more restrictive
ordinances, codes or regulations for the management of flood plains.
Section 205.
Department review and approval of municipal
flood plain management regulations.
(a) The department shall, in consultation with the Department of
Environmental Resources, review and approve all municipal flood plain
management regulations, and amendments thereto, for the purpose of
assuring that such regulations comply with the requirements of the
National Flood Insurance Program and that such regulations are
coordinated and uniformly enforced throughout each watershed.
(b) The department, in consultation with the Department of
Environmental Resources, shall adopt, and periodically review and
amend, regulations including but not limited to:
(1) Criteria and standards for the coordination and uniform
enforcement of municipal flood plain management regulations under the
National Flood Insurance Program.
(2) Procedures, requirements and standards for submission,
review and approval of municipal flood plain management regulations
pursuant to this section.
(c) Prior to adoption of department regulations pursuant to this
section, the department shall hold at least one public hearing, after
public notice, in each major river basin of the Commonwealth. Prior to
any amendment of department regulations, the department shall hold at
least one public hearing after public notice.
Compiler's Note:
The Department of Environmental Resources,
referred to in this section, was abolished by Act 18 of 1995. Its
functions were transferred to the Department of Conservation
and Natural Resources and the Department of Environmental
Protection.
Section 206.
Municipalities required to comply with department
regulations.
Each municipality participating in the National Flood Insurance
Program shall comply with any regulations adopted by the department
pursuant to this chapter within six months of the effective date of such
regulations. A municipality shall be deemed to have complied with
department regulations if it has received department approval as
provided for in this chapter. The department shall not adopt regulations
more strict than the regulations of the National Flood Insurance
Program and shall not require the regulations of the municipalities to be

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more strict than the regulations of the National Flood Insurance
Program: Provided, however, That these limitations shall not apply to
section 207 or the special hazards under sections 301 and 302.
Section 207.
Regulations to prohibit development which has
been determined as dangerous to human life.
The regulations promulgated by the department shall prohibit the
construction or substantial improvement of structures in an area which
has been determined by the Environmental Quality Board as a flood
hazard area on a flood insurance rate map promulgated by the
Department of Housing and Urban Development which may endanger
human life.
Compiler's Note:
Section 502(c) of Act 18 of 1995, which created
the Department of Conservation and Natural Resources and
renamed the Department of Environmental Resources as the
Department of Environmental Protection, provided that the
Environmental Quality Board shall have the powers and duties
currently vested in it, except as vested in the Department of
Conservation and Natural Resources by Act 18 of 1995, which
powers and duties include those set forth in section 207.
CHAPTER 3
REGULATION OF PARTICULAR OBSTRUCTIONS
Section 301.
Obstructions posting special hazards in flood
plains.
(a) The department shall by regulation publish a list of obstructions
which it determines present a special hazard to the health and safety of
the public or occupants or may result in significant pollution, increased
flood levels or flows or debris endangering life and property, if such
obstructions are located in all or a designated portion of the flood plain.
These obstructions are limited to: hospitals, nursing homes, jails, new
mobile home parks, subdivision or substantial additions to mobile home
parks or subdivisions.
(b) Construction of any structure or commencement of any activity
listed as a special hazard by department regulations in a flood plain or
such portion of the flood plain designated by the regulations shall be
prohibited except in accordance with a special exception issued
pursuant to this section.
(c) A municipality administering flood plain management
regulations may issue a special exception if the applicant demonstrates
and the municipality determines that the structure or activity will be
located, constructed and maintained in a manner which:
(1) will fully protect the health and safety of the public or
occupants;

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(2) will prevent any significant possibility of pollution,
increased flood levels or flows, or debris endangering life and property;
and
(3) will comply with the requirements of the National Flood
Insurance Program.
Approval of any special exception shall be conditioned upon compliance
with all feasible floodproofing and other requirements necessary to
minimize damage, and the hindrance of flood flows and to minimize
potential danger to life and property.
(d) Written notice of municipal approval of a special exception
shall be filed with the department. The special exception shall become
effective 30 days following the receipt of notice by the department
unless the special exception is disapproved by the department. If the
department disapproves a special exception, it shall notify the
municipality and applicant of the reasons for disapproval.
Section 302.
Exclusive State jurisdiction over certain
obstructions in flood plains.
(a) Except as otherwise provided in this section, the Department of
Environmental Resources shall have exclusive jurisdiction under this act
to regulate:
(1) any obstruction otherwise regulated under the Water
Obstructions Act;
(2) any flood control project constructed, owned or maintained
by a governmental unit;
(3) any highway or other obstruction, constructed, owned or
maintained by the Commonwealth or a political subdivision thereof; and
(4) any obstruction owned or maintained by a person
engaged in the rendering of a public utility service.
(b) No person shall construct, modify, remove, abandon or destroy
any structure or engage in any activity specified in subsection (a) in the
100-year flood plain unless such person has first applied for and
obtained a permit from the Department of Environmental Resources.
The department may impose such permit terms and conditions as it
deems necessary to carry out the purposes of this act. The permit shall
become effective 60 days following the receipt of the application by the
department unless the application is disapproved by the department. If
the department disapproves the application it shall notify the applicant of
the reasons for disapproval.
(c) The Environmental Quality Board shall adopt such regulations
and standards as are necessary to carry out this section in accordance
with the purposes of this act, including provisions for the payment of
reasonable nonrefundable filing fees.
(d) The Department of Environmental Resources may, in
accordance with regulations adopted by the Environmental Quality
Board, delegate its authority under this act and the Storm Water
Management Act to regulate and permit obstructions having only local

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significance, other than those prescribed in subsection (a)(2), (3) and
(4), to a municipality administering flood plain management regulations.
(e) The Department of Environmental Resources shall regulate
those obstructions subject to exclusive State jurisdiction in a manner
consistent to the maximum extent possible with the standards and
criteria established in municipal flood plain management regulations.
(f) The Department of Environmental Resources may modify,
suspend or revoke any permit issued under this act if it finds that the
permittee has violated the permit terms and conditions or the provisions
of this act and regulations adopted hereunder, or that any change has
occurred in the physical condition of the site which will materially affect
safe construction and maintenance of the structure or activity.
Compiler's Note:
Section 502(c) of Act 18 of 1995, which created
the Department of Conservation and Natural Resources and
renamed the Department of Environmental Resources as the
Department of Environmental Protection, provided that the
Environmental Quality Board shall have the powers and duties
currently vested in it, except as vested in the Department of
Conservation and Natural Resources by Act 18 of 1995, which
powers and duties include those set forth in section 302.
CHAPTER 4
POWERS AND DUTIES
Section 401.
Powers and duties of the Department of
Community Affairs and the Department of
Environmental Resources.
(a) The Department of Community Affairs shall have the power
and its duty shall be to:
(1) Coordinate the administration of municipal flood plain
management regulations in the Commonwealth.
(2) Require the submission of municipal flood plain
management regulations and municipal records and reports, as
necessary to carry out the purposes of this act.
(3) Provide technical assistance for the purpose of assisting
municipalities in complying with the provisions of this act.
(4) Draft, publish and approve, for use by municipalities,
model flood plain ordinances, codes and regulations which comply with
the requirements of the National Flood Insurance Program and the
regulations adopted pursuant to this act.
(b) The Department of Community Affairs and the Department of
Environmental Resources shall exercise the joint powers and their
duties shall be to:
(1) Cooperate with appropriate agencies of the United States
or of other states or any interstate agencies with respect to the planning
and management of flood plains.

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(2) Serve as the agencies of the Commonwealth for the
receipt of moneys from the Federal Government or other public or
private agencies or persons and expend such moneys as appropriated
by the General Assembly for studies and research with respect to the
planning and management of flood plains.
Compiler's Note:
The Department of Community Affairs, referred
to in this section, was abolished by Act 58 of 1996 and its
functions were transferred to the Department of Community
and Economic Development.
Compiler's Note:
The Department of Environmental Resources,
referred to in this section, was abolished by Act 18 of 1995. Its
functions were transferred to the Department of Conservation
and Natural Resources and the Department of Environmental
Protection.
Section 402.
Additional powers and duties of the Department
of Community Affairs, Department of
Environmental Resources and municipalities.
In conjunction with their responsibilities otherwise provided under
this act, the Department of Community Affairs, the Department of
Environmental Resources and every municipality administering flood
plain management regulations shall have the additional power and its
duty shall be to:
(1) Investigate complaints and conduct surveys of flood plains
and obstructions.
(2) Institute prosecutions and civil proceedings to enforce the
provisions of this act.
(3) Conduct educational programs with respect to flood plain
management.
(4) Establish reasonable fees for permit processing for the
program that the agency or municipality administers.
(5) Do any other acts not inconsistent with this act which are
necessary or proper for its effective implementation.
Compiler's Note:
The Department of Community Affairs, referred
to in this section, was abolished by Act 58 of 1996 and its
functions were transferred to the Department of Community
and Economic Development.
Compiler's Note:
The Department of Environmental Resources,
referred to in this section, was abolished by Act 18 of 1995. Its
functions were transferred to the Department of Conservation
and Natural Resources and the Department of Environmental
Protection.

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Compiler's Note:
Section 504 of Act 164 of 1980 provided that
section 402 is repealed insofar as it is inconsistent with
Act 164.
Section 403.
Inspections.
(a) An agent or employee of the Department of Community Affairs,
the Department of Environmental Resources, or of a municipality
administering flood plain management regulations shall have the power
and duty to, upon presentation of proper credentials:
(1) Enter any land for the purpose of surveying flood plains.
(2) Enter any land in a flood plain for the purpose of
ascertaining the location and condition of obstructions.
(3) Enter land or, while under construction, any structure
located in a flood plain for the purpose of ascertaining the compliance or
noncompliance with the flood plain management regulations adopted
pursuant to this act.
(b) Whenever an agent or employee of the Department of
Community Affairs, the Department of Environmental Resources, or
municipality charged with the enforcement of the provisions of this act
has been refused access to property for the purposes of conducting a
survey or inspection as authorized by this section or reasonably
requires access to such property without prior notice to the owner, such
agent or employee may apply for an inspection warrant to any
Commonwealth official authorized by law to issue a search or inspection
warrant to enable him or her to have access and inspect such property.
It shall be sufficient probable cause to issue an inspection warrant that
the inspection is necessary to properly enforce the provisions of this act.
Compiler's Note:
The Department of Community Affairs, referred
to in this section, was abolished by Act 58 of 1996 and its
functions were transferred to the Department of Community
and Economic Development.
Compiler's Note:
The Department of Environmental Resources,
referred to in this section, was abolished by Act 18 of 1995. Its
functions were transferred to the Department of Conservation
and Natural Resources and the Department of Environmental
Protection.
Section 404.
Grants and reimbursements to municipalities and
counties.
(a) The Department of Community Affairs is authorized to
administer grants to municipalities and counties to assist or reimburse
them for costs in preparing official plans and actual administrative
enforcement and implementation costs and revisions to official plans for
flood plain management required by this act, and for carrying out related
studies, surveys, investigations, research and analyses. Grants and
reimbursements shall be made from and to the extent of funds

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appropriated by the General Assembly for such purposes, and shall be
made in accordance to rules and regulations adopted by the
Department of Community Affairs and in accordance with the following:
(1) The grant shall be equal to:
(i) 50% of the allowable costs for preparation of official
plans, administrative, enforcement and implementation costs required
by this act, and revisions of official plans incurred by any municipality or
county which prior to the effective date of this act adopted a flood area
management program which complies with Title 24, section 1910.3(c) or
1910.3(d) of the regulations of the Department of Housing and Urban
Development, Federal Insurance Administration; or
(ii) 50% of the allowable costs for preparation of official
plans, administrative, enforcement and implementation costs required
by this act, and revisions of official plans incurred by any municipality or
county not covered by subclause (i); and
(iii) 50% of the allowable costs for administration of
official plans incurred by any municipality or county. Allowable costs for
administration of official plans shall not include those costs which are
offset by reasonable permit fees imposed by the municipality or county.
(2) For the purposes of this section, such State grants shall
be in addition to grants for similar purposes made to any municipality or
county by the Federal Government:
Provided, that the grants
authorized by this section shall be limited such that the total of all State
and Federal grants does not exceed 50% of the allowable costs
incurred by the municipality or county.
(b) Nothing in this section shall be construed to impair or limit
application of this act to any municipality or person, or to relieve any
municipality or person of duties imposed under this act.
(c) If, in any fiscal year, appropriations are insufficient to cover the
costs or grants and reimbursements to all municipalities or counties
eligible for such grants and reimbursements in that fiscal year, the
Department of Community Affairs shall report such fact to the General
Assembly and shall request appropriation of funds necessary to provide
the grants authorized in this section. If such a deficiency appropriation is
not enacted, any municipality or county which has not received the full
amount of the grant for which it is eligible under this section shall be as
a first priority reimbursed from appropriations made in the next
successive fiscal year.
Compiler's Note:
The Department of Community Affairs, referred
to in this section, was abolished by Act 58 of 1996 and its
functions were transferred to the Department of Community
and Economic Development.

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CHAPTER 5
PENALTIES; CIVIL REMEDIES; APPEALS
Section 501.
Penalties.
(a) If the department finds that a municipality has failed to comply
with any requirement of Chapter 2, or any department regulations
adopted pursuant thereto, the department shall provide a written notice
of violation to the municipality.
(b) Within 60 days of receipt of the notice of violation, the
municipality shall report to the department the action which it is taking to
comply with the requirement or regulation.
(c) If within 180 days of receipt of the notice of violation, the
municipality has failed to comply with such requirement or regulation, as
determined by the department, the Secretary of Community Affairs shall
notify the State Treasurer to withhold payment of all funds payable to
the municipality from the General Fund or any other fund. Upon
notification, the State Treasurer shall hold in escrow all moneys due to
such municipality from the Commonwealth until such time as the
department notifies the State Treasurer that the municipality has
complied with such requirement or regulation.
Compiler's Note:
The Secretary of Community Affairs, referred to
in this section, was abolished by Act 58 of 1996 and the
functions of the secretary were transferred to the Secretary of
Community and Economic Development.
Section 502.
Civil remedies.
(a) Any obstruction or conduct in violation of this act or of any
flood plain management regulations is hereby declared a public
nuisance.
(b) Suits to restrain, prevent or abate violation of this act or of any
flood plain management regulations may be instituted in equity or at law
by the department, the Department of Environmental Resources, any
affected county or municipality, or any aggrieved person. Such
proceedings may be prosecuted in the Commonwealth Court, or in the
court of common pleas of the county where the obstruction exists,
conduct occurs, or the public affected, and to that end jurisdiction is
hereby conferred in law and equity upon such courts. Except in cases of
emergency where, in the opinion of the court, the circumstances of the
case require immediate abatement of the unlawful obstruction or
conduct, the court may, in its decree, fix a reasonable time during which
the person responsible for the unlawful obstruction or conduct shall
correct or abate the same. The expense of such proceedings shall be
recoverable from the violator in such manner as may now or hereafter
be provided by law.
Compiler's Note:
The Department of Environmental Resources,
referred to in subsec. (b), was abolished by Act 18 of 1995. Its

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functions were transferred to the Department of Conservation
and Natural Resources and the Department of Environmental
Protection.
Compiler's Note:
Section 504 of Act 164 of 1980 provided that
section 502 is repealed insofar as it is inconsistent with
Act 164.
Section 503.
Appeals.
(a) ((a) repealed Oct. 5, 1980, P.L.693, No.142)
(b) Any person aggrieved by an action of the Department of
Environmental Resources in granting, modifying, suspending or
revoking a permit or in issuing an order shall have the right within
30 days of receipt of notice of such action to appeal such action to the
Environmental Hearing Board, pursuant to section 1921-A of the act of
April 9, 1929 (P.L.177, No.175), known as "The Administrative Code of
1929," and the "Administrative Agency Law."
(c) An appeal of any action under this act shall not act as a
supersedeas. A supersedeas may be granted by the agency hearing the
appeal upon a showing by the petitioner:
(1) that irreparable harm to the petitioner or other interested
parties will result if supersedeas is denied;
(2) that there is a likelihood of the petitioner's success on the
merits; and
(3) that the grant of a supersedeas will not result in
irreparable harm to the Commonwealth.
The agency hearing the appeal may grant such a supersedeas subject
to such security as it may deem proper.
Compiler's Note:
The Department of Environmental Resources,
referred to in subsec. (b), was abolished by Act 18 of 1995. Its
functions were transferred to the Department of Conservation
and Natural Resources and the Department of Environmental
Protection.
CHAPTER 6
MISCELLANEOUS; APPROPRIATIONS
Section 601.
Preservation of existing rights and remedies.
(a) No provision of this act shall be construed to permit an activity
or condition otherwise prohibited by law, or to affect the rights of the
Commonwealth, persons, counties or municipalities to proceed in courts
of law or equity to suppress nuisances or to enforce common law or
statutory rights.
(b) It is hereby declared to be the purpose of this act to provide
additional and cumulative remedies to abate nuisances.

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Section 602.
Appropriations.
(a) The sum of $750,000, or as much thereof as may be
necessary, is hereby appropriated for the fiscal period beginning July 1,
1978, and ending June 30, 1979, to the Department of Community
Affairs for the purposes of administrative and general expenses in
implementing the provisions of this act.
(b) The sum of $250,000, or as much thereof as may be
necessary, is hereby appropriated for the fiscal period beginning July 1,
1978, and ending June 30, 1979, to the Department of Environmental
Resources for the purposes of this act.
Compiler's Note:
The Department of Environmental Resources,
referred to in subsec. (b), was abolished by Act 18 of 1995. Its
functions were transferred to the Department of Conservation
and Natural Resources and the Department of Environmental
Protection.
Section 603.
Repealer and savings clause.
(a) All acts or parts of acts inconsistent herewith are hereby
repealed to the extent of such inconsistency.
(b) The provisions of this act shall not affect any suit or
prosecution pending or to be instituted to enforce any right or penalty or
punish any offense under the authority of any act of Assembly or part
thereof repealed by this act.
Section 604.
Effective date.
This act shall take effect immediately.

For more information, visit DEP's Web site at www.depweb.state.pa.us
,
Keyword: "Watershed Publications."
3930-BK-DEP0447 8/2005

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