Current through Register Vol. 54, No. 49, December 7, 2024
Section 41.4 - Classification criteria(a)Water volume. A river preferably should have sufficient volume of water during normal years to permit, during the recreation season, full enjoyment of water-related outdoor recreational activities generally associated with comparable rivers. Flow augmentation is acceptable if water volume is inadequate for boating and additional water supply can be provided reasonably and economically without diminishing the scenic, recreation, fish and wildlife, or other values of the segment.(b)Length. A river or river segment should be long enough to provide a rewarding recreational experience. Generally, in urban areas, any segment included in the river system should be at least 5 miles long. In outer urban areas, a segment should be at least 15 miles long. Rural areas should include river segments at least 25 miles in length. For either urban, outer-urban, or rural segments, a shorter stretch that possesses most of the desired outstanding qualifications and values may be considered for inclusion in the system.(c)Wild classifications. Wild rivers provide free-flowing water that supports water-based recreation and fish and wildlife native to the segment. The shorelines visible from the river or its edge present a pleasing pristine view. Segment access is by foot or nonpowered watercraft or both. (1)Impoundments. Free-flowing, low dams, diversion works or other structures are not permitted. Future construction within the segment will be restricted. Upstream impoundment construction shall be contingent on environmental or other adverse impacts.(2)Water quality. Water quality shall be capable of meeting minimum criteria for desired types of recreational use, especially primary contact recreation, except where the criteria would be exceeded by natural background conditions. In addition, the water presently shall be capable of supporting the propagation of aquatic life, including fish which normally would be adapted to the habitat of the stream under the most desirable natural quality conditions.(3)Development. Shorelines are free of habitation and other substantial evidence of man's intrusion, including waterway modification with a direct and adverse effect on values. Watershed is natural-like in appearance. A limited amount of livestock grazing and hay production, and one or two inconspicuous dwellings are permitted. All conservation methods employed shall be in keeping with the river environment.(4)Accessibility. Generally inaccessible by road. No roads or other provisions from overland motorized travel are permitted within a narrow incised river valley, or if the river valley is broad, within 1/4 mile of, and parallel to, the river bank for a distance of about one mile. The presence, however, of one or two inconspicuous roads leading to the river area is permissible.(d)Scenic classification. Scenic rivers contain free-flowing water that can be or is being restored to support water-based recreation and fish and aquatic life. The view from the river or its banks is a pleasant intermixture that is still predominately wild, but contains some pastoral countryside. The segment is accessible intermittently by roads. (1)Impoundments. Free-flowing stream low dams, diversion works or other structures are not permitted. Future construction within the segment is restricted. Upstream impoundment construction may be contingent on adverse impacts.(2)Water quality. Water quality should be capable of meeting minimum criteria for desired types of recreation, except where the criteria would be exceeded by natural background conditions. In addition, the water should be capable of supporting propagation of aquatic life normally adapted to habitat of the stream or is capable of, and is, being restored to that quality.(3)Development. Shorelines or watersheds largely primitive. Shorelines still present an overall natural character, but some agricultural land and a modest amount of waterway modification permitted. Some communities or any concentration of habitation must be limited to relatively short stretches. Watersheds with a minimum of easily discernible development. Row crops, timber harvest and other resource use permitted if accomplished without a substantially adverse effect on natural-like appearance.(4)Accessibility. Accessible by roads, which may occasionally bridge river area. Short stretches of conspicuous or longer stretches of inconspicuous and well-screened roads or railroads paralleling the river area may be permitted.(e)Pastoral classification. Pastoral rivers shall be free-flowing, except for historic or restored mill dams, and capable of or under restoration to supporting water-based recreation, fish and aquatic life. The view from the river or its bank shall be predominately pastoral or farming countryside. The segment may be intermittently accessible by roads. (1)Impoundments. Water shall be free-flowing except for historic or restored mill dams. Diversions or withdrawals may exist to support agricultural activities such as agricultural ponds. Upstream impoundment construction shall be contingent on adverse impacts. Future construction within the segment is restricted.(2)Water quality. Water quality should be capable of meeting minimum criteria for desired types of recreation except where the criteria would be exceeded by natural background conditions. In addition, the water should be capable of supporting propagation of aquatic life normally adapted to the stream habitat or in the process of being restored to that quality.(3)Development. Shorelines or watersheds may support a full range of farm or farm-related activities. Small communities or any concentration of habitation should be limited to relatively short stretches. Manmade development, timber harvest, and other resource uses are permitted if accomplished without substantial adverse effects on the pastoral appearance.(4)Accessibility. Water may be accessible by roads, which may occasionally bridge the water. Short stretches of conspicuous or longer stretches of inconspicuous roads or railroads paralleling the waterway may be permitted.(f)Recreation classification. Recreational rivers provide interesting combinations of free-flowing with relatively short stretches of impounded water that can or are being restored to sustain suitable recreation and aquatic and fish-life. The visible shorelines, with considerable human modification, still blend into a pleasant readily accessible river landscape. (1)Impoundments. Water should essentially not have characteristics of an impoundment for any significant distance, if an impoundment is present. Future construction within the segment restricted.(2)Water quality. Water quality should be capable of meeting minimum criteria for desired types of recreation, except where such criteria would be exceeded by natural background conditions. In addition, the water should be capable of supporting propagation of aquatic life normally adapted to habitat of the stream or is capable of and is being restored to that quality.(3)Development. Shorelines may be extensively developed. Lands may be developed for the full range of agricultural uses and could include small communities as well as dispersed or cluster residential developments.(4)Accessibility. Readily accessible, with likelihood of paralleling roads or railroads along river banks, possibility of several bridge crossings and numerous river access points.(g)Modified recreation classification. Modified recreational rivers offer calm water that can or is being restored to support appropriate water-based recreation and aquatic and fish-life. Visible shoreline development may be extensive provided it does not inhibit public use or detract from their enjoyment of the river. (1)Impoundments. Water may have characteristics of an impoundment. Flow may be regulated by upstream control devices. Low dams are permitted if river remains in full-bank width during period of normal flow.(2)Water quality. Water quality should be capable of meeting minimum criteria for desired types of recreation, except where the criteria could be exceeded by natural background conditions. In addition, the water should be capable of supporting propagation of aquatic life normally adapted to habitat of the stream or be capable of and being restored to that quality.(3)Development. Shorelines may be extensively developed. Lands may be developed for the full range of agricultural uses and could include small communities as well as dispersed or clustered residential commercial-industrial development.(4)Accessibility. Readily accessible with likelihood of paralleling roads or railroads along river banks, possibility of several bridge crossings and numerous river access points.The provisions of this § 41.4 adopted May 31, 1974, effective 6/1/1974, 4 Pa.B. 1104; amended August 13, 1982, effective 8/14/1982, 12 Pa.B. 2683; renumbered from 25 Pa. Code §11.4, June 7, 1996, effective 6/8/1996, 26 Pa.B. 2707. This section cited in 17 Pa. Code § 41.3 (relating to classification of recommended rivers).