Section 51.89. General permits

(a) Notwithstanding the other provisions of this subchapter, this section constitutes a general permit for persons to draw down impounded waters without applying for an individual permit when the following circumstances exist:

(1) The water area to be drawn down is 1 acre or less.

(2) The draw down operations are of a type that do not require other State permits, such as erosion and sedimentation control permits and Dams and Waterways Management permits.

(b) Notwithstanding the other provisions of this subchapter, this section constitutes a general permit for the Commission and cooperative nurseries recognized by the Commission to draw down impounded waters without applying for an individual permit when the waters to be drawn down are located on hatchery property and the draw down is in connection with hatchery operations. The general permit authorized by this subsection does not waive a requirement for a permittee to apply for and obtain other necessary permits.

The provisions of this § 51.89 adopted February 1, 1991, effective February 2, 1991, 21 Pa.B. 422; amended December 7, 2001, effective December 8, 2001, 31 Pa.B. 6669. Immediately preceding text appears at serial page (270097).

Notation

Authority

The provisions of this § 51.89 amended under the Fish and Boat Code (30 Pa.C.S. § 2102).