25 Pa. Code § 105.31 - Property rights

(a) Except as provided in §§ 105.32 and 105.33 (relating to projects-proper purpose; and licenses for public service corporations), a permit issued under this chapter may not give real or personal property rights nor grant exclusive privileges; nor may it be construed to grant or confer a right, title, easement or interest in, to or over lands belonging to the Commonwealth.

(b) A permit for a dam, water obstruction or encroachment to occupy submerged lands of the Commonwealth will not be issued by the Department until the applicant has first obtained one of the following:

(1) An easement, right-of-way, license or lease from the Department under section 15 of the act (32 P. S. § 693.15) and § 105.32.

(2) A license under section 514 of The Administrative Code of 1929 (71 P. S. § 194) and § 105.33.

(3) A license, easement, right-of-way or other interest in the submerged lands of this Commonwealth granted under specific statutory authority from the General Assembly.

(c) For purposes of this section, to occupy submerged lands of this Commonwealth includes:

(1) The placement of a physical structure on, under or over submerged lands of this Commonwealth.

(2) The use or control of the space overlying submerged lands of this Commonwealth, associated with use of a structure with the regularity and in a manner that substantially restrict or prevent navigation, fishing, recreation or other public trust uses by the general public on or over the lands.

Notes

25 Pa. Code § 105.31

The provisions of this § 105.31 adopted September 10, 1971, effective 9/11/1971, 1 Pa.B. 1804; amended August 11, 1978, effective 8/28/1978, 8 Pa.B. 2229; amended September 26, 1980, effective 9/27/1980, 10 Pa.B. 3843; amended January 7, 2011, effective 1/8/2011, 41 Pa.B. 219.

The provisions of this § 105.31 amended under section 5 of the Dam Safety and Encroachments Act (32 P. S. § 693.5).

The provisions of this § 105.25 (relating to transfer of permits).