Section 679.301 - Obstructions posting special hazards in flood plains(a) The Pennsylvania Emergency Management Agency shall by regulation publish a list of obstructions which it determines present a special hazard to the health and safety of the public or occupants or may result in significant pollution, increased flood levels or flows or debris endangering life and property, if such obstructions are located in all or a designated portion of the flood plain. These obstructions are limited to: Hospitals, nursing homes, jails, new mobile home parks, subdivision or substantial additions to mobile home parks or subdivisions.(b) Construction of any structure or commencement of any activity listed as a special hazard by Pennsylvania Emergency Management Agency regulations in a flood plain or such portion of the flood plain designated by the regulations shall be prohibited except in accordance with a special exception issued pursuant to this section.(c) A municipality administering flood plain management regulations may issue a special exception if the applicant demonstrates and the municipality determines that the structure or activity will be located, constructed and maintained in a manner which:(1) Will fully protect the health and safety of the public or occupants;(2) Will prevent any significant possibility of pollution, increased flood levels or flows, or debris endangering life and property; and(3) Will comply with the requirements of the National Flood Insurance Program.Approval of any special exception shall be conditioned upon compliance with all feasible floodproofing and other requirements necessary to minimize damage, and the hindrance of flood flows and to minimize potential danger to life and property.
(d) Written notice of municipal approval of a special exception shall be filed with the Pennsylvania Emergency Management Agency. The special exception shall become effective 30 days following the receipt of notice by the Pennsylvania Emergency Management Agency unless the special exception is disapproved by the Pennsylvania Emergency Management Agency. If the Pennsylvania Emergency Management Agency disapproves a special exception, it shall notify the municipality and applicant of the reasons for disapproval.Amended by P.L. TBD 2022 No. 65, § 3, eff. 9/9/2022.1978, Oct. 4, P.L. 851, No. 166, § 301, imd. effective.