25 Pa. Code § 105.123

Current through Register Vol. 54, No. 45, November 9, 2024

Section 105.123 - Restoration of aquatic life

If the Department finds that construction of a dam or reservoir has substantially disrupted aquatic life to preclude natural restoration of the stream ecology within a reasonable period of time, the permittee shall be required to submit and implement a plan to restore the aquatic life of the stream to its prior condition, to the maximum extent possible. The plan shall be subject to review and modification by the Department in consultation with the Fish and Boat Commission and must include, but not be limited to, the following:

(1) Placement of bed gravel.

(2) Stabilization of banks and bed.

(3) Installation of stream improvement devices.

(4) Revegetation of stream and banks.

(5) Stocking of fish and other aquatic life.

25 Pa. Code § 105.123

The provisions of this §105.123 adopted September 10, 1971, effective 9/11/1971, 1 Pa.B. 1804; reserved 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 §105.123 amended under section 5 of the Dam Safety and Encroachments Act (32 P. S. § 693.5).