Pennsylvania Statutes Title 32 P.S. Forests, Waters and State Parks § 679.302. Exclusive State jurisdiction over certain obstructions in flood plains

(a) Except as otherwise provided in this section, the Department of Environmental Resources shall have exclusive jurisdiction under this act to regulate:

(b) No person shall construct, modify, remove, abandon or destroy any structure or engage in any activity specified in subsection (a) in the 100-year flood plain unless such person has first applied for and obtained a permit from the Department of Environmental Resources. The department may impose such permit terms and conditions as it deems necessary to carry out the purposes of this act. The permit shall become effective 60 days following the receipt of the application by the department unless the application is disapproved by the department. If the department disapproves the application it shall notify the applicant of the reasons for disapproval.

(c) The Environmental Quality Board shall adopt such regulations and standards as are necessary to carry out this section in accordance with the purposes of this act, including provisions for the payment of reasonable nonrefundable filing fees.

(d) The Department of Environmental Resources may, in accordance with regulations adopted by the Environmental Quality Board, delegate its authority under this act and the Storm Water Management Act  2 to regulate and permit obstructions having only local significance, other than those prescribed in subsection (a)(2), (3) and (4), to a municipality administering flood plain management regulations.

(e) The Department of Environmental Resources shall regulate those obstructions subject to exclusive State jurisdiction in a manner consistent to the maximum extent possible with the standards and criteria established in municipal flood plain management regulations.

(f) The Department of Environmental Resources may modify, suspend or revoke any permit issued under this act if it finds that the permittee has violated the permit terms and conditions or the provisions of this act and regulations adopted hereunder, or that any change has occurred in the physical condition of the site which will materially affect safe construction and maintenance of the structure or activity.