Section 57.81. Policy on special boating regulations on waters with no public access

(a) As used in this subchapter, the phrase ‘‘waters with no public access’’ means lakes, ponds, impoundments or other waters on which there is located no public access area, launch ramp or other launch facility owned, controlled or operated by Federal, State or local government agencies.

(b) The Commission has statutory authority to make and enforce special boating regulations for particular areas of water ‘‘limiting, restricting or prohibiting the operation or navigation of boats thereon to promote the interests of the public or to preserve aquatic life.’’ See section 5124 of the code (relating to particular areas of water). The Commission’s statutory authority to make general and special boating regulations preempts local regulation of boating—based on exercise of police powers—on the waters of this Commonwealth.

(c) It is the policy of the Commission to encourage local interests—residents, property owners and other users—to resolve issues relating to special boating restrictions on waters with no public access by means of agreement, deed, deed restriction or contract without resort to special boating regulations.

(d) It is the policy of the Commission to exercise its discretion to promulgate special boating regulations on waters of this Commonwealth with no public access only in circumstances when:

(1) The public interest and the interests of the boating public clearly show the need for the special regulations as evidenced by a formal resolution requesting the regulations approved by the governing body (for example, township supervisors, borough council, county commissioners) of the political subdivision in which the waters are located. The resolution also should include evidence of the political subdivision’s willingness to enforce the additional restrictions under to the reciprocal enforcement provisions of section 903 of the code (relating to delegation of enforcement powers).

(2) The Bureau of Law Enforcement determines that the proposed special boating regulations are readily enforceable without unduly diverting officers from enforcement activities on waters with public access.

(3) The proponent of the special regulations makes a clear and convincing showing that the proposed regulations are necessary in the particular circumstances to provide for the health and safety of persons on, in and along the waters in question, including persons who boat on those waters, or to protect aquatic life in those waters or both.

The provisions of this § 57.81 adopted January 17, 1997, effective January 18, 1997, 27 Pa.B. 317.