Wetlands are a valuable public natural resource. This
chapter will be construed broadly to protect this valuable resource.
(1)
Exceptional value
wetlands. This category of wetlands deserves special protection.
Exceptional value wetlands are wetlands that exhibit one or more of the
following characteristics:
(i) Wetlands which
serve as habitat for fauna or flora listed as "threatened" or "endangered"
under the Endangered Species Act of 1973 (7 U.S.C.A. §
136;
16 U.S.C. A. §§ 4601-9,
460k-1,
668dd,
715i,
715a,
1362,
1371,
1372,
1402 and 1531-1543), the Wild
Resource Conservation Act (
32 P. S. §§
5301-
5314), 30 Pa.C.S. (relating
to the Fish and Boat Code) or 34 Pa.C.S. (relating to the Game and Wildlife
Code).
(ii) Wetlands that are
hydrologically connected to or located within 1/2-mile of wetlands identified
under subparagraph (i) and that maintain the habitat of the threatened or
endangered species within the wetland identified under subparagraph
(i).
(iii) Wetlands that are
located in or along the floodplain of the reach of a wild trout stream or
waters listed as exceptional value under Chapter 93 (relating to water quality
standards) and the floodplain of streams tributary thereto, or wetlands within
the corridor of a watercourse or body of water that has been designated as a
National wild or scenic river in accordance with the Wild and Scenic Rivers Act
of 1968 (16 U.S.C.A.
§§
1271-
1287) or designated
as wild or scenic under the Pennsylvania Scenic Rivers Act (
32 P. S.
§§
820.21-
820.29).
(iv) Wetlands located along an existing
public or private drinking water supply, including both surface water and
groundwater sources, that maintain the quality or quantity of the drinking
water supply.
(v) Wetlands located
in areas designated by the Department as "natural" or "wild" areas within State
forest or park lands, wetlands located in areas designated as Federal
wilderness areas under the Wilderness Act (16 U.S.C.A. §§
1131-
1136) or the Federal Eastern
Wilderness Act of 1975 (16
U.S.C.A. §
1132) or wetlands located in
areas designated as National natural landmarks by the Secretary of the Interior
under the Historic Sites Act of 1935 (16 U.S.C.A. §§
461-
467).
(2)
Other wetlands. This
category includes wetlands not categorized as exceptional value
wetlands.
(3)
Permits. The Department will maintain a list of permit
decisions involving wetlands. This list will be a matter of public record and
will be available for inspection at the Department's
offices.
Notes
The
provisions of this § 105.17 adopted November 2, 1979, effective
11/3/1979, 9 Pa.B. 3640; amended
September 26, 1980, effective 9/27/1980, 10 Pa.B. 3843; amended October 11,
1991, effective 10/12/1991, 21
Pa.B. 4911.
The provisions of this § 105.17 amended under
the Dam Safety and Encroachments Act (32 P. S. §§
693.1-693.27); The Clean Streams
Law (35 P. S. §§
691.1-691.1001); section 7 of the
act of June 14, 1923 (P. L. 704, No. 294) (32 P. S. §
597); sections 514, 1901-A, 1908-A, 1917-A
and 1920-A of The Administrative Code of 1929 (71 P. S. §§
194,
510-1,
510-8,
510-17 and
510-20); and the Flood Plain
Management Act (32 P. S. §§
679.101-679.601).
This section cited in 7 Pa. Code §130d.1
(relating to definitions); 7 Pa. Code §130d.45 (relating to prohibited
applications); 25 Pa. Code §
93.1 (relating to definitions); 25
Pa. Code §
96.3 (relating to water quality
protection requirements); 25 Pa. Code §
105.13 (relating to regulated
activities-information and fees); 25 Pa. Code §
105.16 (relating to environmental,
social and economic balancing); 25 Pa. Code §
105.442 (relating to authorization
for general permits); 25 Pa. Code §
250.1 (relating to definitions);
25 Pa. Code §
250.311 (relating to evaluation of
ecological receptors); 25 Pa. Code §
271.915 (relating to management
practices); 25 Pa. Code §
273.202 (relating to areas where
municipal waste landfills are prohibited); 25 Pa. Code §
275.202 (relating to areas where
the land application of sewage sludge is prohibited); §
277.202 (relating to areas where
construction/demolition waste landfills are prohibited); 25 Pa. Code §
279.202 (relating to areas where
transfer facilities are prohibited); 25 Pa. Code §
281.202 (relating to areas where
general composting facilities are prohibited); and 25 Pa. Code §
283.202 (relating to areas where
resource recovery facilities and other processing facilities are
prohibited).
