Expand AllClick here for a more accessible versionPOLICY 1.1: Setback
It is the policy of the Coastal Resources Management Program to require municipalities with bluff recession hazard areas along the Lake Erie shoreline as determined in the “Shoreline Erosion and Flooding - Erie County” report of 1975* to enact setback ordinances affecting stationary structures. These ordinances will regulate construction within a specified distance from the edge of the bluff. At a minimum, the setback distance is computed as the economic life of the structure times the local bluff recession rate per year (in feet). In addition, it is the policy of the CRMP to provide written and verbal guidance to the municipalities 394-0300-001 to assure consistent and coordinated enforcement of the BRSA. The CRMP will compile all field interpretations and department guidance for the BRSA into a written guidance document and provide the document to the municipalities. The document shall be amended and updated as new interpretations occur.
*This refers to the study as described in the CRM Technical Guidance Document (394-0300-001). The study and bluff recession hazard area (BRHA) designations were updated in November of 2004 (Study to Tentatively Designate Bluff Recession Hazard Areas) and adopted into the Title 25 Chapter 85 Bluff Recession and Setback Regulations on September 19, 2009.
POLICY 1.2: Structures
It is the policy of the Coastal Resources Management Program to regulate, through permit, the siting of any water obstruction or encroachments along Lake Erie, to assure proper planning, design, construction, maintenance, and monitoring, in order to prevent unreasonable interference with water flow (which includes sediment laden beach enriching currents) and to protect navigation.
POLICY 1.3: Stormwater Management
It is the policy of the Coastal Resources Management Program to assist Erie County and affected coastal municipalities in the preparation (individually or jointly on a watershed basis) of stormwater management plans, and in the implementation of the plans by assisting them in updating or amending codes, regulations, and ordinances to regulate development in such a manner as to mitigate the adverse impacts to Lake Erie bluffs due to increased rates of stormwater runoff. (Also see Policies 1.4, 1.5, 4)
POLICY 1.4: Technical Assistance
It is the policy of the Coastal Resources Management Program to provide technical assistance and advice concerning the design of structural and nonstructural methods for shore protection and bluff stabilization. In addition, it is the policy of the Coastal Resources Management Program to continue to support scientific research on shore protection, recession rates, littoral transport, and other aspects of the coastal environment of Lake Erie. (Also see Policies 1.1, 1.2, 1.3, 10.2)
POLICY 1.5: Floodplains
It is the policy of the Coastal Resources Management Program acting through the Department and in concert with the Department Of Community And Economic Development to actively assist and to help ensure that identified flood prone coastal municipalities develop state approved floodplain management regulations which incorporate, at a minimum, the requirements of the National Flood Insurance Program and the requirements of the state Floodplain Management Act. It is the policy of the Coastal Resources Management Program to regulate the construction of or substantial improvement to various types of structures and obstructions in the designated floodplains in order to:
- (i) Encourage planning and development in floodplains which are consistent with sound land use practices,
- (ii) Protect people and property in floodplains from the dangers and damage of floodwaters and from materials carried by such floodwaters,
- (iii) Prevent and eliminate urban and rural blight which results from the damages of flooding,
- (iv) Implement a comprehensive and coordinated program of floodplain management, based upon the national flood insurance program, designed to preserve and restore the efficiency and carrying capacity of the streams and floodplains of the commonwealth,
- (v) Assist municipalities in qualifying for the national flood insurance program,
- (vi) Provide for and encourage local administration and management of floodplains, and
- (vii) Minimize the expenditure of public and private funds for flood control projects and for relief, rescue, and recovery efforts.
POLICY 1.6: Floodplains – Direct Action*
Furthermore, it is the policy of the Coastal Resources Management Program to assist local municipalities in the amelioration of periodic flooding due to increased surface runoff from areas adjacent to the floodway by encouraging the development, on a watershed basis, of comprehensive stormwater management plans which prevent increased rates of runoff. (Also see Policies 1.2, 1.4).
*This policy is not applicable to Coastal Zone Management Act Federal Consistency reviews under 15 C.F.R. Part 930. But see Policy 1.5.
POLICY 2.1: Dredging and Spoil Disposal
It is the policy of the Coastal Resources Management Program to ensure that dredging and spoil disposal and related activities including the recovery of commercially valuable sand and gravel in the coastal zones, will be regulated to protect against obstruction to navigation, reductions in flood flow capacity, and damages to the public interest, as well as minimize harmful impacts to fish and wildlife habitats. (Also see Policies 2.1, 3.1, 4, 9.1, 9.2, 9.4).
POLICY 2.2: Hydraulic Dredging*
It is the policy of the Coastal Resources Management Program to recommend that hydraulic dredging be used instead of mechanical dredging, whenever feasible. (Also see Policies 2.1, 3.1, 4, 9.1, 9.2, 9.4).
*Policy 3.4 is an “Encouragement Policy” and is not binding under 15 C.F.R Part 930. However, under § 930.39(c) and § 930.58(a)(3), a federal agency or an applicant for federal licensing or permitting should demonstrate adequate consideration to policies that are in the nature of recommendations.
POLICY 3.1: Support Fish Life
It is the policy of the Coastal Resources Management Program to ensure that, to the extent of intrastate control, coastal waters shall not contain substances attributable to point or nonpoint source waste discharges in concentration or amounts sufficient to be inimical or harmful to the water uses to be protected or to human, animal, plant, or aquatic life including cold-water fish, warm-water fish, or migratory fish. (Also see Policies 1.2, 2.1, 4, 9.2).
POLICY 3.2: Stocking
It is the policy of the Coastal Resources Management Program to manage the commonwealth’s coastal waters in such a manner to augment native stocks and introduce appropriate species, only after careful evaluation, such as muskellunge in the Delaware Estuary and salmonids in Lake Erie in order to provide diverse, unique, and bountiful catches for the commonwealth’s coastal fishermen.
POLICY 3.3: Access*
It is the policy of the Coastal Resources Management Program to improve access to the Delaware Estuary and the Lake Erie waterfronts through the acquisition of new sites and/or the expansion of existing sites. (Also see Policies 5.1, 5.2, 9.1,10.1).
*This policy is not applicable to Coastal Zone Management Act Federal Consistency reviews under 15 C.F.R. Part 930. But see Policy 5.1. This policy is implemented by awarding pass-through grant funding to support the acquisition of properties for the purpose of providing public access.
POLICY 3.4: Studies*
It is the policy of the coastal resources management program to undertake detailed technical studies of coastal fisheries, their aquatic habitats, and associated issues that impact their management.
*Policy 3.4 is an “Encouragement Policy” and is not binding under 15 C.F.R Part 930. However, under § 930.39(c) and § 930.58(a)(3), a federal agency or an applicant for federal licensing or permitting should demonstrate adequate consideration to policies that are in the nature of recommendations.
POLICY 4.1: Wetlands - Enforcement/Regulations
It is the policy of the Coastal Resources Management Program to preserve, protect, enhance and restore the remaining wetlands within the commonwealth’s coastal areas by regulating through permit: draining, dredging, filling, and other activities that affect water quality as well as the course, current or cross section of any watercourse, floodway, wetland or other body of water. This will ensure the protection of wetlands’ functions and values such as: native plant, fish, and wildlife habitat including threatened or endangered species as identified in the federal Endangered Species Act of 1973, Pennsylvania’s species of special concern classified under the authority of the Wild Resource Conservation Act, the Fish and Boat Code or the Game and Wildlife Code; storage areas for flood waters; buffers against shoreline erosion; groundwater recharge; and water purification areas. Any wetland which is impacted in a coastal zone area will be replaced and/or mitigated within the coastal zone area in a manner consistent with the regulations of the Department.
POLICY 4.2: Wetlands - Direct Action
Furthermore, it is the policy of the Coastal Resources Management Program to protect wetlands from cumulative impacts associated with increased runoff from development and other activities occurring in adjacent areas by encouraging the development of comprehensive stormwater management plans, that regulate surface runoff and the resultant introduction of sediment, pesticides, salts, and toxic materials into wetlands. (Also see Policies 1.3, 2.1, 3.1, 9.1, 9.2, 10.3).
POLICY 5.1: Public Access for Recreation/Additional Access
It is the policy of the Coastal Resources Management Program to provide additional public access opportunities along the waterfronts of Lake Erie and the Delaware River for active recreation such as swimming, fishing, and boat launching, as well as for more passive activities such as sightseeing and picnicking. (Also see Policies 3.3, 5.2, 9.1).
POLICY 5.2: Geographic Areas of Particular Concern (GAPC’S)
It is the policy of the Coastal Resources Management Program to give high priority to acquisition and/or development of GAPC’s, nominated as areas of significant natural value and areas of historical, cultural, or recreational significance, to provide public access opportunities for active and/or passive forms of recreation. (Also see Policies 3.1, 5.1, 9.5).
POLICY 6.1: Historic Preservation*
It is the policy of the Coastal Resources Management Program to assist the Pennsylvania Historical and Museum Commission in the identification, restoration, and preservation of archaeologically, architecturally and historically significant sites and structures in the commonwealth’s coastal zones. (Also see Policies 4, 10.2).
*Policy 6.1 is an “Encouragement Policy” and is not binding under 15 C.F.R Part 930. However, under § 930.39(c) and § 930.58(a)(3), a federal agency or an applicant for federal licensing or permitting should demonstrate adequate consideration to policies that are in the nature of recommendations.
POLICY 7.1: Port Activities/Development*
It is the policy of the Coastal Resources Management Program to actively attract and encourage the siting of port dependent economic activities in the commonwealth’s coastal ports. (Also see Policies-9.1, 10.3).
*Policy 7.1 is an “Encouragement Policy” and is not binding under 15 C.F.R Part 930. However, under § 930.39(c) and § 930.58(a)(3), a federal agency or an applicant for federal licensing or permitting should demonstrate adequate consideration to policies that are in the nature of recommendations.
POLICY 7.2: Port Activities/Planning*
It is the policy of the Coastal Resources Management Program to utilize its fiscal and other pertinent resources to support long-range, comprehensive planning for the future development and growth of the Port of Erie and the Pennsylvania ports of the Delaware Estuary, which encourages the attraction, enhancement, and development of water dependent economic activities. (Also see Policy 2.1, 5.1, 9.1, 9.4).
*Policy 7.2 is an “Encouragement Policy” and is not binding under 15 C.F.R Part 930. However, under § 930.39(c) and § 930.58(a)(3), a federal agency or an applicant for federal licensing or permitting should demonstrate adequate consideration to policies that are in the nature of recommendations.
POLICY 7.3: Port Activities/Urban Base Enhancement*
It is the policy of the Coastal Resources Management Program to utilize fiscal and other available management resources to: encourage the enhancement of current viable economic activities, encourage the attraction of new economic activities which adapt to the areas’ changing needs, and encourage improvements in the areas’ infrastructure to provide a strong economic base for the urbanized sections of the commonwealth’s coastal zones.
*Policy 7.3 is an “Encouragement Policy” and is not binding under 15 C.F.R Part 930. However, under § 930.39(c) and § 930.58(a)(3), a federal agency or an applicant for federal licensing or permitting should demonstrate adequate consideration to policies that are in the nature of recommendations.
POLICY 8.1: EFS/Permitting
It is the policy of the Coastal Resources Management Program to ensure through regulations, by permit, that energy facilities such as oil and gas refineries, electric generating stations (coal, hydro, oil, and gas), electric generating substations, gas drilling, and liquification of natural gas operations locating in the coastal areas are sited in such a manner that the coastal areas ecosystems are not unreasonably adversely affected. (Also see Policies-1.5, 2.1, 4.1, 8.2, 9.1, 9.2, 9.3).
POLICY 8.2: Energy Facilities/Natural Gas
It is the policy of the Coastal Resources Management Program to facilitate the production of natural gas supplies in Lake Erie using proper environmental safeguards that are designed to minimize adverse air and water quality impacts associated with resource exploration and development. (Also see Policies 2.1, 4, 8.1, 9.1, 9.2, 9.3).
POLICY 8.3: Site Selection*
It is the policy of the Coastal Resources Management Program to utilize coastal resources management funds and provide other pertinent assistance to encourage coastal municipalities to amend their comprehensive plans to reflect the recommendations contained in the energy facility siting planning process developed by the coastal resources management program, which among other things recommends that whenever feasible, new energy facilities are located adjacent to existing ones. (Also see Policy 10.2).
*Policy 8.3 is an “Encouragement Policy” and is not binding under 15 C.F.R Part 930. However, under § 930.39(c) and § 930.58(a)(3), a federal agency or an applicant for federal licensing or permitting should demonstrate adequate consideration to policies that are in the nature of recommendations.
POLICY 8.4: Energy Resources/Outer Continental Shelf*
It is the policy of the Coastal Resources Management Program to support the development of outer continental shelf oil and gas resources through all available means, provided that the necessary environmental safeguards are enforced through regulation by the appropriate federal and state agencies to ensure that the integrity of the adjacent fish and wildlife habitat is not irreparably damaged due to drilling and other development activities. (Also see Policies 3.1, 9.2, 9.3).
*Policy 8.4 is an “Encouragement Policy” and is not binding under 15 C.F.R Part 930. However, under § 930.39(c) and § 930.58(a)(3), a federal agency or an applicant for federal licensing or permitting should demonstrate adequate consideration to policies that are in the nature of recommendations.
POLICY 9.1: Consistency*
It is the policy of the Coastal Resources Management Program to initiate a program of “state consistency” to ensure that all state administrative departments and independent administrative boards and commissions and other state agencies shall enforce and act consistently with the enforceable policies of the Pennsylvania Coastal Resources Management Program.
*This policy is not applicable to Coastal Zone Management Act Federal Consistency reviews under 15 C.F.R. Part 930. This policy relates to CRM coordinating with other Departmental programs and Commonwealth agencies through memoranda of understanding or other cooperative devices to ensure that external (to CRM) administrative and permitting actions do not conflict with CRM’s NOAA-approved enforceable policies.
POLICY 9.2: Water Quality
It is the policy of the Coastal Resources Management Program to adopt by reference, the requirements of the federal Clean Water Act (p.l. 95-217, as amended) and to incorporate these requirements into the commonwealth’s Coastal Resources Management Program.
POLICY 9.3: Air Quality
It is the policy of the Coastal Resources Management Program to adopt by reference, the requirements of the federal Clean Air Act and to incorporate these requirements into the commonwealth’s Coastal Resources Management Program.
POLICY 9.4: Permit Improvement*
It is the policy of the Coastal Resources Management Program to periodically initiate, coordinate, and participate in comprehensive studies aimed at improving the regulatory permitting process in the commonwealth’s coastal zones. (Also see Policies 9.1, 10.3).
*This policy is not applicable to Coastal Zone Management Act Federal Consistency reviews under 15 C.F.R. Part 930.
POLICY 9.5: Choices for Pennsylvanians*
POLICY 9.5: Choices for Pennsylvanians*
It is the policy of the Coastal Resources Management Program to embrace the concepts set forth by “choices” and to promote the policy objectives and policies of “choices” in the commonwealth’s coastal zones, to the extent permitted by the Coastal Resources Management Program’s coordinative mechanisms and implementation.
*Policy 9.5 is an “Encouragement Policy” and is not binding under 15 C.F.R Part 930. However, under § 930.39(c) and § 930.58(a)(3), a federal agency or an applicant for federal licensing or permitting should demonstrate adequate consideration to policies that are in the nature of recommendations.
POLICY 10.1: Pennsylvania Open Meeting Law*
It is the policy of the Coastal Resources Management Program to ensure that all meetings, where formal action is to be taken, be open to the public, preceded by public notice and held in reasonably accessible locations.
*This policy is not applicable to Coastal Zone Management Act Federal Consistency reviews under 15 C.F.R. Part 930.
POLICY 10.2: Participation
It is the policy of the Coastal Resources Management Program to provide citizens, special interest groups, and all other segments of the public with opportunities for early and continuous involvement and participation in the commonwealth’s Coastal Resources Management Program, through the development of effective communication and participation measures. (Also see Policy 10.1).
POLICY 10.3: Coastal Zone Advisory Committee*
It is the policy of the Coastal Resources Management Program to establish a Coastal Zone Advisory Committee whose purpose will be to: provide a forum from which to address state and local coordination on coastal issues, periodically review the Coastal Resources Management Program with respect to public responsiveness and meeting the needs of the commonwealth, and to advise the Environmental Quality Board on regulations affecting coastal resources.
*This policy is not applicable to Coastal Zone Management Act Federal Consistency reviews under 15 C.F.R. Part 930.
POLICY 11.1: Aquatic Nuisance Species
It is the policy of the Coastal Resources Management Program, acting through the Department and in concert with the Department of Agriculture, The Fish and Boat Commission, and other networked partners, to actively assist in preventing aquatic nuisance species from being introduced into, spread within, or transferred out of the coastal zones to other waters/watersheds of the commonwealth, and to facilitate their eradication, where environmentally appropriate, with biological, chemical, and other means of control.
POLICY 11.2: Aquatic Nuisance Species – Encouragement
Furthermore, it is the policy of the Coastal Resources Management Program to limit the introduction and spread of aquatic nuisance species in the coastal zone by providing funding and technical assistance to encourage development of research and outreach programs that will Effectively reduce the impact of aquatic nuisance species on Pennsylvania’s ocean resources, a coordinated, multi-species approach to aquatic nuisance species management, and a rapid response plan for unintentional introductions. (Also see Policies 3.2, 3.4, 4.1, 9.1)
*This policy is not applicable to Coastal Zone Management Act Federal Consistency reviews under 15 C.F.R. Part 930. But see Policy 11.1.