Section 105.448. Determination of applicability of a general permit

(a) A person who desires to utilize a general permit issued under this subchapter, but is uncertain as to the potential application of the general permit to a particular proposed dam, water obstruction or encroachment, should consult with the Department. The Department may issue a determination as to whether the general permit applies to the proposed dam, water obstruction or encroachment.

(b) A request for a determination of the applicability of a general permit may not be considered a permit application for purposes of this chapter.

(c) A project requiring registration under § 105.447 (relating to registration requirements) may be charged an application fee as set forth in § 105.13 (relating to regulated activities—information and fees).

The provisions of this § 105.448 adopted January 2, 1981, effective January 3, 1981, 11 Pa.B. 9; amended February 15, 2013, effective February 16, 2013, 43 Pa.B. 967. Immediately preceding text appears at serial page (313677).

Notation

Authority

The provisions of this § 105.131a amended under sections 5, 7, 10, 11 and 17 of the Dam Safety and Encroachments Act (32 P. S. § § 693.5, 693.7, 693.10, 693.11 and 693.17); sections 5, 6, 8 and 402 of The Clean Streams Law (35 P. S. § § 691.5, 691.6, 691.8 and 691.402); sections 514, 1901-A, 1908-A, 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. § § 194, 510-1, 510-8, 510-17 and 510-20); and sections 302 and 402 of the Flood Plain Management Act (32 P. S. § § 679.302 and 679.402).

Cross References

This section cited in 25 Pa. Code § 105.443 (relating to nature of a general permit; substitution for individual applications and permits).