Section 105.361. Scope

Except as provided in § § 105.3 and 105.12 (relating to scope; and waiver of permit requirements), this subchapter applies to dredging in the regulated waters of this Commonwealth for sand, gravel and other minerals for the purposes of commercial exploitation. This subchapter shall not be construed to restrict the Department in managing the Commonwealth’s proprietary interests under the act of July 31, 1970 (P. L. 699, No. 225) (71 P. S. § 468) (repealed), repealed by the act of December 3, 1970 (P. L. 834, No. 275); section 15 of the act (32 P. S. § 693.15); and section 1908-A(3) of The Administrative Code of 1929 (71 P. S. § 510-8(3)), from exercising its discretion to issue or not to issue permit agreements or to impose terms and conditions in permit agreements that it deems to be in the best interests of the Commonwealth; in the event, however, that the Department issues a permit agreement conveying the Commonwealth’s proprietary interests in a deposit of sand, gravel or other minerals, this subchapter constitutes the minimum requirements for dredging under the Commonwealth’s regulatory authority under the act.

The provisions of this § 105.361 adopted August 11, 1978, effective August 28, 1978, 8 Pa.B. 2229; amended September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843. Immediately preceding text appears at serial pages (38891) to (38892).