(a) If the Department determines that there
may be an impact on natural, scenic, historic or aesthetic values of the
environment, the Department will consult with the applicant to examine ways to
reduce the adverse environmental impact. If, after consideration of mitigation
measures, the Department finds that the adverse environmental impact will
occur, the Department will evaluate the public benefits of the project to
determine whether the public benefits outweigh the environmental
harm.
(b) An application for a
permit for a structure or activity which the Department determines will have an
adverse impact on the environment or public natural resources will not be
approved by the Department unless the applicant demonstrates and the Department
finds that the public benefits of the proposed project outweigh the harm to the
environment and public natural resources. Public benefits include, but are not
limited to:
(1) Correction and prevention of
pollution.
(2) Protection of public
health and safety.
(3) Reduction of
flood damages.
(4) Development of
energy resources.
(5) Creation or
preservation of significant employment.
(6) Provision of public utility
services.
(7) Other essential
social and economic development which benefits a substantial portion of the
public.
(c) An application
for a permit will not be approved by the Department in the following areas
unless the applicant demonstrates and the Department finds that the project
will not have an adverse impact upon the public natural resources:
(1) A project located in or within 100 feet
of a watercourse or body of water that has been designated as a National or
State wild or scenic river in accordance with the Wild and Scenic Rivers Act of
1968 (16 U.S.C.A.
§§
1271-
1287) or the
Pennsylvania Scenic Rivers Act (
32 P. S. §§
820.21-
820.29).
(2) A project located in or within 100 feet
of a Federal wilderness area designated in accordance with the Wilderness Act
(16 U.S.C.A. §§
1131-
1136) or the Federal Eastern
Wilderness Act of 1975 (16
U.S.C.A. §
1132).
(3) A project located within an area which
serves as a habitat of a threatened or endangered species protected by the
Endangered Species Act of 1973 (7 U.S.C.A. §
136;
16 U.S.C. A.
§§ 4601-9,
460k-1,
668dd,
715i,
715a,
1362,
1371,
1372,
1402 and
1531 -
1543) or for a species which has
been designated as a threatened or endangered species under the Wild Resource
Conservation Act (
32 P. S. §§
5301-
5314), 30 Pa.C.S. (relating
to the Fish and Boat Code) or 34 Pa.C.S. (relating to the Game and Wildlife
Code).
(4) A project located in
waters designated as exceptional value in Chapter 93 (relating to water quality
standards).
(d) In
reviewing permit applications, it will be the policy of the Department to
encourage activities that protect the natural condition of the watercourses or
other body of water.
(e) This
section does not apply to dams, water obstructions or encroachments located in,
along, across or projecting into wetlands. These structures or activities will
be evaluated under §§
105.17 and
105.18a-
105.20.
Notes
The
provisions of this § 105.16 adopted August 11, 1978, effective
8/28/1978, 8 Pa.B. 2229; amended
September 26, 1980, effective 9/27/1980, 10 Pa.B. 3843; amended October 11,
1991, effective 10/12/1991, 21
Pa.B. 4911.
The provisions of this § 105.16 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).
This section cited in 25 Pa. Code §
105.442 (relating to authorization
for general permits).
