Section 105.123. Restoration of aquatic life

If the Department finds that construction of a dam or reservoir has substantially disrupted aquatic life to preclude natural restoration of the stream ecology within a reasonable period of time, the permittee shall be required to submit and implement a plan to restore the aquatic life of the stream to its prior condition, to the maximum extent possible. The plan shall be subject to review and modification by the Department in consultation with the Fish and Boat Commission and must include, but not be limited to, the following:

(1) Placement of bed gravel.

(2) Stabilization of banks and bed.

(3) Installation of stream improvement devices.

(4) Revegetation of stream and banks.

(5) Stocking of fish and other aquatic life.

The provisions of this § 105.123 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; reserved August 11, 1978, effective August 28, 1978, 8 Pa.B. 2229; amended September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843; amended January 7, 2011, effective January 8, 2011, 41 Pa.B. 219. Immediately preceding text appears at serial page (207728).

Notation

Authority

The provisions of this § 105.123 amended under section 5 of the Dam Safety and Encroachments Act (32 P. S. § 693.5).