Current through Register Vol. 54, No. 45, November 9, 2024
Section 105.451 - Identification and delineation of wetlands-statement of policy(a) This section sets forth the policy of the Department as to the methodology to be used for the identification and delineation of wetlands.(b) The use of some delineation method is necessary in order to administer, implement, enforce and determine compliance with the act, The Clean Streams Law (35 P. S. §§ 691.1-691.1001), the Solid Waste Management Act (35 P. S. §§ 6018.101-6018.1003), the Surface Mining Conservation and Reclamation Act (52 P. S. §§ 1396.1-1396.31), the Pennsylvania Sewage Facilities Act (35 P. S. §§ 750.1-750.20), the Oil and Gas Act (58 P. S. §§ 601.101-601.605) and other applicable statutes administered by the Department and regulations promulgated under these statutes.(c) The Department adopts and incorporates by reference the 1987 Corps of Engineers Wetland Delineation Manual (Technical Report Y-87-1) along with the guidance provided by the United States Army Corps of Engineers, Major General Arthur E. Williams' memorandum dated 6 March 1992, Clarification and Interpretation of the 1987 Manual and any subsequent changes as the methodology to be used for identifying and delineating wetlands in this Commonwealth. The 1987 Corps Wetland Delineation Manual, Publication No. ADA 176734 is available from the National Technical Information Service (NTIS), Springfield, VA 21161, or telephone: (703) 487-4650. Copies of the Supplemental Guidance issued by the Corps concerning use of the 1987 Manual, (that is, the October 7, 1991, Questions and Answers, and the March 6, 1992, Clarification and Interpretation Memorandum) as well as the Administration's Wetlands Plan of August 24, 1993, may be obtained by contacting the regulatory branch of a local Corps District, or the EPA Wetlands Hotline at (800) 832-7828. For more information, contact Pennsylvania Department of Environmental Protection, Bureau of Dams, Waterways and Wetlands, Post Office Box 8554, Harrisburg, Pennsylvania 17105-8554, telephone (717) 787-6827.The provisions of this §105.451 adopted October 27, 1989, effective 12/27/1989, 19 Pa.B. 4612; amended February 2, 1996, effective 2/3/1996, 26 Pa.B. 494. This section cited in 25 Pa. Code § 96.3 (relating to water quality protection requirements); and 25 Pa. Code § 105.13 (relating to regulated activities-information and fees).