Section 105.411. General criteria

The Department will not approve an application to discharge dredged or fill material into regulated waters of this Commonwealth, unless the applicant demonstrates to the Department a public benefit which outweighs the damage to the public natural resources, if one or more of the following is true:

(1) The discharge is to a spawning area during spawning season.

(2) The discharge would restrict or impede the movement of aquatic species indigenous to the waters or the passage of normal or expected high flows or cause the relocation of the waters unless the primary purpose of the fill is to impound waters.

(3) The discharge is into regulated waters of this Commonwealth, except wetlands, which are breeding, feeding or nesting areas for migratory water birds.

The provisions of this § 105.411 adopted September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843; amended October 11, 1991, effective October 12, 1991, 21 Pa.B. 4911. Immediately preceding text appears at serial page (117728).

Notation

Authority

The provisions of this § 105.411 amended under the Dam Safety and Encroachments Act (32 P. S. § § 693.1–693.27); The Clean Streams Law (35 P. S. § § 691.1—691.1001); section 7 of the act of June 14, 1923 (P. L. 704, No. 294) (32 P. S. § 597); 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 the Flood Plain Management Act (32 P. S. § § 679.101—679.601).