Home Table of Contents

§ 5207. Department oversight of municipal compliance

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 32 P.S. Forests, Waters and State Parks

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 32 P.S. Forests, Waters and State Parks
Part IV. Conservation and Land Development
Chapter 103. Bluff Recession and Setback Act
32 P.S. § 5207
§ 5207. Department oversight of municipal compliance
(a) The department shall review and approve all municipal bluff setback ordinances and regulations, and amendments thereto. The department shall approve the ordinances and regulations if it determines that they comply with the minimum requirements of this act. If the department disapproves an ordinance or regulation, it shall notify the affected municipality in writing, stating the reasons for disapproval.
(b) If the department fails to either approve or disapprove an ordinance or regulation, or amendment thereto, within 90 days following submission by the municipality to the department, the ordinance or regulation shall be deemed to be approved.
(c) The department shall periodically review the implementation and administration by municipalities of bluff setback ordinances and regulations in order to assure coordinated and consistent enforcement of the setback requirements established pursuant to this act.
(d) Following public notice and public hearing, the Environmental Quality Board1 shall adopt, and periodically review and amend, regulations establishing:
(1) Criteria and standards for the coordinated and consistent enforcement of bluff setback requirements by municipalities.
(2) Requirements and procedures for the submission, review and approval of municipal bluff setback ordinances and regulations.
(3) Requirements and procedures for maintenance of records concerning municipal implementation and administration of bluff setback ordinances and regulations, and for periodic submission of such records or reports to the department for review.
(e) Where conditions affecting a bluff recession hazard area are changed, including changes created by artificial erosion and recession control projects, the Environmental Quality Board shall review and as appropriate amend regulations under this section.

Credits

1980, May 13, P.L. 122, No. 48, § 7, imd. effective.

Footnotes

For vesting of certain former powers and duties of the Environmental Quality Board, including those contained in this section, in the Department of Conservation and Natural Resources, see 71 P.S. § 1340.502(c).
32 P.S. § 5207, PA ST 32 P.S. § 5207
Current through Act 11 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document