Pennsylvania Statutes Title 32 P.S. Forests, Waters and State Parks § 5206. Municipal bluff setback regulations

(a) Within six months following designation by the Environmental Quality Board  1 of an area and municipality subject to bluff recession hazards, each designated municipality shall adopt or amend, and shall implement such ordinances and regulations as are necessary to regulate construction and development activities in areas subject to bluff recession hazards in a manner consistent with the minimum bluff setback requirements established pursuant to section 5.  2 Such ordinances and regulations shall require permits for all proposed construction, installation or substantial improvement of structures, or water, sewage, electric or gas utility services located in designated bluff recession hazard areas.

(b) The adoption and administration by municipalities of bluff setback ordinances and regulations which are necessary to comply with this act shall be governed by the provisions of the act of July 31, 1968 (P.L. 805, No. 247),  3 known as the “Pennsylvania Municipalities Planning Code,” or other applicable enabling legislation; provided that a municipality may adopt bluff setback ordinances and regulations for a bluff recession hazard area without adopting ordinances and regulations governing any other area of the municipality, notwithstanding any provision of the “Pennsylvania Municipalities Planning Code” or other applicable enabling legislation.

(c) No provision of this act shall be construed as in any way limiting the power of any municipality to adopt more restrictive ordinances, codes or regulations governing construction and development in bluff recession hazard areas than the minimum bluff setback requirements established pursuant to section 5.