17 Pa. Code | Title 17 Pa. Code — Conservation and Natural Resources

Part I Department of Conservation and Natural Resources

Subpart A Administrative Provisions

Chapter 1 General Provisions

17 Pa. Code § 1.1 Definitions.

The following words and terms, when used in the chapter, have the following meanings, unless the context clearly indicates otherwise: Department—The Department of Conservation and Natural Resources of this Commonwealth. Secretary—The Secretary of the Department.

Subpart B State Parks

Chapter 11 General Provisions

17 Pa. Code § 11.201 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Act—-The Conservation and Natural Resources Act (71 P. S. § § 1340.101—1340.1102). All-terrain vehicle—An all-terrain vehicle as defined in section 7702 of the Vehicle Code (relating to definitions). Commercial activity—An activity in which a person directly or indirectly accepts consideration of value as compensation for the provision of goods or services, including transportation. Crimes Code—Title 18 Pennsylvania Consolidated Statutes. Department—

(i) The Department of Conservation and Natural Resources of the Commonwealth.

(ii) The term includes authorized officials of the Department. Designated swimming area—

(i) A swimming pool, wading pool or the area of a natural or artificially constructed pond, lake, stream, river, bay, tidal waters or other body of water, which is designated, developed, maintained and operated by a State park for swimming purposes.

(ii) The term includes the land, buildings, equipment and appurtenances used in connection with the body of water. Fish and Boat Code—Title 30 Pennsylvania Consolidated Statutes. Game and Wildlife Code—Title 34 Pennsylvania Consolidated Statutes. Motor vehicle—

(i) As defined in section 102 of the Vehicle Code (relating to definitions).

(ii) The term does not include a snowmobile or all-terrain vehicle as defined in section 7702 of the Vehicle Code. Official traffic-control devices—Official traffic-control devices as defined in section 102 of the Vehicle Code. Permission of the Department or permitted by the Department—Approval obtained from a park manager or designee. Person—A corporation, company, club, firm, association, society, partnership, joint stock company, governmental agency or individual. Permit—Written approval obtained from a park manager or designee on a form prescribed by the Department. Personal watercraft—As defined in 58 Pa. Code § 109.3 (relating to personal watercraft). Pet—

(i) A dog, cat or other animal that has been domesticated.

(ii) The term does not include bovine or equine animals or poultry. Snowmobile—As defined in section 7702 of the Vehicle Code. State park—

(i) An area under the jurisdiction of the Department acquired or administered as a park under section 303 of the act (71 P. S. § 1340.303) or designated or administered as a park under section 302(a)(12) of the act (71 P. S. § 1340.302(a)(12)).

(ii) The term includes:

(A) A State park.

(B) A State park preserve.

(D) A conservation area as defined in § 44.1 (relating to defined) that is administered and managed by the Department’s Bureau of State Parks.

(E) A State Park Natural Area as defined in § 17.2 (relating to State Parks Natural Area definition).

(F) An environmental education center administered by the Department’s Bureau of State Parks.

(G) State park waters under § 11.203 (relating to State park waters). Summer season—The period beginning on the Saturday of Memorial Day weekend and continuing through Labor Day. Vehicle—As defined in section 102 of the Vehicle Code. Vehicle Code—Title 75 Pennsylvania Consolidated Statutes. Watercraft—As defined in section 102 of the Fish and Boat Code (relating to definitions). Water ski—

(i) A device used by a person to be towed through or on water behind a boat.

(ii) The term includes conventional water skis, aquaplanes, kneeboards, inner tubes, inflatable hot dogs and air mattresses.

(iii) The term does not include parasails, kite skis, and other devices intended to lift off the surface of the water.

History

Authority: The provisions of this § 11.215 abrogated in part under section 10 of the act of October 17, 2008 (P.L. 1628, No. 131).
Source: The provisions of this § 11.215 abrogated in part October 17, 2008 (P.L. 1628, No. 131), effective December 16, 2008. Immediately preceding text appears at serial pages (413525) to (413526).

17 Pa. Code § 11.202 Scope.

(a) This chapter applies to State parks.

(b) The restrictions in this chapter do not apply to authorized Department employees, authorized volunteers and concessionaires acting within the scope of their duties or concession agreement, or to Federal, State and municipal law enforcement officers performing their official duties.

History

Authority: The provisions of this § 11.215 abrogated in part under section 10 of the act of October 17, 2008 (P.L. 1628, No. 131).
Source: The provisions of this § 11.215 abrogated in part October 17, 2008 (P.L. 1628, No. 131), effective December 16, 2008. Immediately preceding text appears at serial pages (413525) to (413526).

17 Pa. Code § 11.203 State park waters.

The Department has jurisdiction over the following bodies of water:

(1) General.

(i) Lakes, impoundments and other bodies of water that are wholly owned by the Department or completely surrounded by State park land.

(ii) Creeks, streams and nonnavigable rivers that run through or along State parks.

(iii) Water areas within a 100-foot safety zone around launching, swimming, docking, mooring and marina facilities at State parks.

(2) Presque Isle State Park. Misery Bay, Marina Lake, Thompson Bay, Horseshoe Pond, Duck Pond, lagoons and all the waters in Lake Erie and Presque Isle Bay within 500 feet of the low-water mark of the peninsula of Presque Isle, under section 9 of the act of May 27, 1921 (P. L. 1180, No. 436) (32 P. S. § 923), regarding dedication of lands, and section 5 of the act of May 27, 1921 (P. L. 1180, No. 436) (55 P. S. § 361), regarding entry upon dedicated lands; rules and regulations.

(3) Pymatuning State Park. Pymatuning Lake, under section 3 of the act of May 2, 1929 (P. L. 1530, No. 456) (32 P. S. § 763), regarding construction of dam; use of reservoir and surrounding lands for recreation and other purposes; and rules and regulations.

This section cited in 17 Pa. Code § 11.201 (relating to definitions).

History

Authority: The provisions of this § 11.215 abrogated in part under section 10 of the act of October 17, 2008 (P.L. 1628, No. 131).
Source: The provisions of this § 11.215 abrogated in part October 17, 2008 (P.L. 1628, No. 131), effective December 16, 2008. Immediately preceding text appears at serial pages (413525) to (413526).

17 Pa. Code § 11.204 Application of Fish and Boat Commission rules and Game Commission rules.

Title 58 Pa. Code Parts II and III (relating to Fish and Boat Commission; and Game Commission) applies in State parks to activities under the jurisdiction of the Fish and Boat Commission and the Game Commission. To the extent that this chapter is more restrictive than 58 Pa. Code Part II or III, this chapter applies.

History

Authority: The provisions of this § 11.215 abrogated in part under section 10 of the act of October 17, 2008 (P.L. 1628, No. 131).
Source: The provisions of this § 11.215 abrogated in part October 17, 2008 (P.L. 1628, No. 131), effective December 16, 2008. Immediately preceding text appears at serial pages (413525) to (413526).

17 Pa. Code § 11.205 Trespass.

(a) A person who violates this chapter, disregards an instruction or warning given by a Department-commissioned officer or interferes in the performance of the duties of a Department-commissioned officer may be ordered to leave a State park.

(b) A person who refuses to leave a State park after receiving an order to leave from a Department-commissioned officer commits an act of criminal trespass under section 3503(b) of the Crimes Code (relating to criminal trespass).

History

Authority: The provisions of this § 11.215 abrogated in part under section 10 of the act of October 17, 2008 (P.L. 1628, No. 131).
Source: The provisions of this § 11.215 abrogated in part October 17, 2008 (P.L. 1628, No. 131), effective December 16, 2008. Immediately preceding text appears at serial pages (413525) to (413526).

17 Pa. Code § 11.206 Property left in a State park.

(a) Property that has been left in a State park for more than 24 hours without written permission of the Department, property that impedes public access or navigation, or vehicles or other property parked in violation of § 11.207(b) (relating to traffic and parking) may be moved or removed by the Department and placed in storage at the State park. The property may be subject to disposal under Article XIII.1 of The Fiscal Code (72 P. S. § § 1301.1—1301.29) or as otherwise provided by law or by agreement between the owner and the Department.

(b) Property that has been stored under this section will be released from storage only upon adequate proof of ownership and payment of the charges established under § 11.224 (relating to prices).

History

Authority: The provisions of this § 11.215 abrogated in part under section 10 of the act of October 17, 2008 (P.L. 1628, No. 131).
Source: The provisions of this § 11.215 abrogated in part October 17, 2008 (P.L. 1628, No. 131), effective December 16, 2008. Immediately preceding text appears at serial pages (413525) to (413526).

17 Pa. Code § 11.207 Traffic and parking.

(a) Traffic. The following are prohibited:

(1) Operation of a vehicle on a State park road at a speed in excess of the posted limit or, where no speed limit is posted, in excess of 25 miles per hour.

(2) Operation of a motor vehicle on a State park road, lane, trail or area that is posted as closed to motor vehicles, except with permission of the Department.

(3) Operation of a motor vehicle off a road or outside a parking area, except on a trail or in an area posted as open to motor vehicles, or except with written permission of the Department.

(4) Operation of a vehicle not in obedience to official traffic-control devices.

(b) Parking. The following activities are prohibited:

(1) Parking a motor vehicle, boat trailer, camp trailer or other vehicle or equipment in an area designated by the Department for persons with a disability unless one of the following requirements is met:

(i) Permission has been given to a user of the vehicle under subsection (c) and the user is in compliance with the conditions of the permission.

(ii) A valid plate or valid placard has been issued to a user of the vehicle under section 1338 or section 1342(a) or (b) of the Vehicle Code (relating to person with disability plate and placard; and veteran plates and placard). A valid plate or valid placard issued by another state, the District of Columbia or a Canadian province for a person with a disability is deemed to be in compliance with the plate and placard requirements of this subparagraph. Placards shall be displayed in the manner required by section 1338(b) or 1342(b) of the Vehicle Code.

(2) Parking a vehicle in violation of section 1338, 1342 or 3354(d)(2), (d)(3) or (e) of the Vehicle Code.

(3) Parking a motor vehicle, boat trailer, camp trailer or other vehicle or equipment as follows without written permission of the Department:

(i) In an area other than an area designated by the Department for parking.

(ii) In a location that obstructs a gate, road, trail, footpath, bicycle path, access way, drinking fountain, entrance, exit or road turnaround.

(iii) In an area that is posted as closed.

(iv) At an overnight facility.

(v) When the park is closed under § 11.208 (relating to schedule; closure).

(4) Parking a bus in an area that is not designated for buses.

(1) A person who, because of a disability, requires a motorized vehicle to gain access to a portion or portions of a State park may request written permission of the Department to use a motorized vehicle in areas of a State park not otherwise open for motorized vehicle use by the public.

(2) A person who has received permission under paragraph (1) shall comply with the written conditions of the permission.

(d) Violations.

(1) Summary offense.

(i) Except as provided in subparagraph (ii), a violation of this section constitutes a summary offense under section 7505 of the Crimes Code (relating to violation of governmental rules regarding traffic).

(ii) A violation of subsection (b)(2) constitutes a summary offense under the Vehicle Code.

(2) Parking tickets.

(i) For a violation of subsection (b)(1), (3) or (4) or for violation of section 3351, 3353 or 3354(a), (b) or (d)(1) of the Vehicle Code (relating to stopping, standing and parking outside business and residence districts; prohibitions in specified places; and additional parking regulations), Department may issue a parking ticket, as provided for in 234 Pa. Code Rule 401 (relating to means of instituting proceedings in summary cases charging parking violations), which will be handed to the violator or placed on the windshield of the violator’s vehicle.

(ii) If it has issued a parking ticket, the Department will file a citation only if the violator fails to pay a charge to the Department in the amount provided in clause (A) or (B) within 5 days of the violation and in the manner specified on the ticket.

(A) For violations of subsection (b)(1), (3) or (4), the charge will be in the amount of the maximum fine as provided in section 7505 of the Crimes Code.

(B) For violations of section 3351, 3353 or 3354(a), (b) or (d)(1) of the Vehicle Code, the charge will be in the amount of the maximum fine for the offense as specified in the Vehicle Code.

(iii) If it has not issued a parking ticket, the Department may issue a citation as provided for in 234 Pa. Code Rule 401.

This section cited in 17 Pa. Code § 11.206 (relating to property left in a State park); and 17 Pa. Code § 11.216 (relating to general recreational activity; horses; snowmobiles; all-terrain vehicles; mountain bikes).

History

Authority: The provisions of this § 11.215 abrogated in part under section 10 of the act of October 17, 2008 (P.L. 1628, No. 131).
Source: The provisions of this § 11.215 abrogated in part October 17, 2008 (P.L. 1628, No. 131), effective December 16, 2008. Immediately preceding text appears at serial pages (413525) to (413526).

17 Pa. Code § 11.208 Schedule; closure.

(a) General. Except as otherwise provided in subsections (b)—(g), as otherwise provided in this chapter, and as otherwise posted, State parks are open to the public daily only from sunrise until sunset.

(b) Point State Park. Point State Park is open to the public from sunrise to 11 p.m.

(c) Presque Isle State Park. Presque Isle State Park is open to the public from 5 a.m. until sunset. After sunset, it is open only to tenants, persons with visitor passes and persons engaged in evening driving. The closing hour for evening driving is as posted.

(d) Fishing and boating. Subject to § 11.219 (relating to boating), areas designated for fishing and nonwhitewater boating are open to the public for these purposes 24-hours per day. At Presque Isle State Park, fishing is permitted only during hours when the park is open to the public.

(e) Hunting and trapping. Subject to § 11.215 (relating to weapons and hunting), areas designated by the Department for hunting are open to the public for hunting and trapping during hours permitted for these activities under 58 Pa. Code Part III (relating to Game Commission).

(f) Snowmobiling. Subject to § 11.216 (relating to general recreational activity; horses; snowmobiles; all-terrain vehicles; mountain bikes), snowmobiling is permitted 24-hours per day.

(g) Camping and use of overnight facilities. Camping and use of overnight facilities is permitted in accordance with permit conditions as provided in § 11.218 (relating to camping; overnight facilities).

(h) Closings and restrictions. Notwithstanding other provisions of this chapter, the Department may close a State park, portion of a State park, or State park facility or may restrict it to certain uses or activities.

(i) Prohibited activities. Notwithstanding other provisions of this chapter, the Department may prohibit certain uses or activities in a State park, portion of a State park or State park facility.

(j) Informing the public. The public will be informed of the closure, restriction or prohibition under subsection (h) or (i) by any form of communication, which may include this chapter or posting, or by fencing, barricade, gate or other structure or device manifestly designed to exclude intruders.

(k) Prohibitions.

(1) Entering, using or remaining in a State park, area or facility that is not open to the public or that has been closed under this section is prohibited, unless permitted by the Department.

(2) Using, or engaging in activities in, a State park, area or facility in violation of a restriction or prohibition under subsection (h) or (i) is prohibited, unless permitted by the Department.

This section cited in 17 Pa. Code § 11.207 (relating to traffic and parking); and 17 Pa. Code § 11.223 (relating to violation of rules regarding conduct in State Parks).

History

Authority: The provisions of this § 11.215 abrogated in part under section 10 of the act of October 17, 2008 (P.L. 1628, No. 131).
Source: The provisions of this § 11.215 abrogated in part October 17, 2008 (P.L. 1628, No. 131), effective December 16, 2008. Immediately preceding text appears at serial pages (413525) to (413526).

17 Pa. Code § 11.209 Miscellaneous activities.

(a) The following activities are prohibited without written permission of the Department:

(1) Engaging in construction or excavation.

(2) Moving, removing, damaging or defacing a Department sign, structure, facility or equipment.

(3) Possessing, discharging or causing to be discharged a firecracker, explosive, torpedo, rocket or other pyrotechnical material.

(4) Using a chain saw.

(5) Engaging in commercial activity.

(6) Posting or displaying a sign or printed matter.

(7) Soliciting funds.

(8) Removing or disturbing an historical or archeological artifact, relic or object.

(9) Bringing an animal, other than a pet as provided in § 11.212 (relating to pets), and other than a horse as provided in § 11.216 (relating to general recreational activity; horses; snowmobiles; all terrain vehicles; mountain bikes), into a State park.

(10) Storing or leaving food in a manner that is reasonably likely to attract wildlife.

(b) The following are prohibited:

(1) Failing to comply with a condition of a permit issued by the Department.

(2) Possessing, selling or consuming an alcoholic beverage except at specially designated facilities operated or leased by the Department.

(3) Causing or creating a noise which would likely annoy or disturb a reasonable person of normal sensitivities.

(4) Obstructing or impeding persons or vehicles.

(5) Subjecting persons to unwanted physical contact or unwanted verbal behavior.

(6) Failing to fully cover with opaque clothing one’s genitals, pubic area, buttocks and female breast below the top of the nipple.

(7) Using drinking fountains, springs, lakes or waterways for washing purposes.

This section cited in 17 Pa. Code § 11.223 (relating to violation of rules regarding conduct in State parks).

History

Authority: The provisions of this § 11.215 abrogated in part under section 10 of the act of October 17, 2008 (P.L. 1628, No. 131).
Source: The provisions of this § 11.215 abrogated in part October 17, 2008 (P.L. 1628, No. 131), effective December 16, 2008. Immediately preceding text appears at serial pages (413525) to (413526).

17 Pa. Code § 11.210 Fires.

The following activities are prohibited:

(1) Starting or maintaining a fire except in a fireplace, grill, stove or other facility designated by the Department for campfires or except with written permission of the Department.

(2) Leaving a fire unattended except with written permission of the Department.

(3) Disposing hot charcoal except in a facility designated by the Department for charcoal disposal.

This section cited in 17 Pa. Code § 11.223 (relating to violation of rules regarding conduct in State parks).

History

Authority: The provisions of this § 11.215 abrogated in part under section 10 of the act of October 17, 2008 (P.L. 1628, No. 131).
Source: The provisions of this § 11.215 abrogated in part October 17, 2008 (P.L. 1628, No. 131), effective December 16, 2008. Immediately preceding text appears at serial pages (413525) to (413526).

17 Pa. Code § 11.211 Natural resources.

(a) The following activities are prohibited except with written permission of the Department, or except as provided in subsection (b):

(1) Cutting, picking, digging, damaging or removing, in whole or in part, a living or dead tree, shrub or plant.

(2) Damaging, defacing, cutting or removing rock, shale, sand, clay, soil or other mineral product, natural object or material.

(3) Planting a seed, tree, shrub or plant.

(4) Feeding wildlife.

(5) Releasing an animal that was brought into a State park.

(b) The following activities are permitted:

(1) Gathering edible fruits, nuts, berries and fungi, in reasonable amounts, for one’s own personal or family consumption. This permission does not apply to wild plants listed in Chapter 45 (relating to conservation of Pennsylvania native wild plants) as threatened, endangered, rare or vulnerable.

(2) Gathering dead and down wood for use within the State park in a fireplace, grill, stove or other facility designated by the Department for campfires.

This section cited in 17 Pa. Code § 11.223 (relating to violation of rules regarding conduct in State parks).

History

Authority: The provisions of this § 11.215 abrogated in part under section 10 of the act of October 17, 2008 (P.L. 1628, No. 131).
Source: The provisions of this § 11.215 abrogated in part October 17, 2008 (P.L. 1628, No. 131), effective December 16, 2008. Immediately preceding text appears at serial pages (413525) to (413526).

17 Pa. Code § 11.212 Pets.

(a) Except as provided in subsections (e) and (f), an owner, keeper or handler of a pet may keep the pet in a State park only in accordance with subsections (b)—(d) and only under the following conditions:

(1) It is on a leash or is in a cage or crate. If a maximum length of leash is specified by posting, the leash may not exceed the length specified.

(2) It is attended and under physical control of an individual.

(3) It does not behave in a manner that may reasonably be expected to disturb or intimidate another person.

(4) It does not behave in a manner that may cause damage to property or resources.

(5) Its droppings are disposed of in trash receptacles or outside the park.

(6) It has been licensed and vaccinated as required by law.

(b) A pet is not permitted in a designated swimming area.

(d) A pet is not permitted in a building.

(e) Subsection (a)(1)—(5) does not apply to a dog being used by a person engaged in hunting or training as provided in § 11.215 (relating to weapons and hunting).

(f) Subsections (b), (c) and (d) do not apply to a guide dog, signal dog or other animal which has been trained to assist, and is accompanying, a person with a disability.

This section cited in 17 Pa. Code § 11.209 (relating to miscellaneous activities); and 17 Pa. Code § 11.223 (relating to violation of rules regarding conduct in State parks).

History

Authority: The provisions of this § 11.215 abrogated in part under section 10 of the act of October 17, 2008 (P.L. 1628, No. 131).
Source: The provisions of this § 11.215 abrogated in part October 17, 2008 (P.L. 1628, No. 131), effective December 16, 2008. Immediately preceding text appears at serial pages (413525) to (413526).

17 Pa. Code § 11.213 Organized events; public assemblies; distribution of printed matter.

(a) Activities. Engaging or participating in any of the following activities is prohibited without written permission of the Department:

(1) An exhibition, competition or organized event.

(2) A public assembly, meeting, gathering, demonstration, parade or other public expression of views.

(3) Distribution of printed matter.

(b) Application. An application for permission to engage in an activity listed in subsection (a), accompanied by a copy of any printed material to be distributed, shall be delivered to the park manager on a form that may be obtained from the park manager.

(c) Departmental review. The Department will grant or deny permission without unreasonable delay. A denial of permission will specify the grounds for denial.

(d) Grounds for denial. Any of the following will justify denial of permission:

(1) A prior application for permission to engage in an activity at the same time and place has been or will be granted and the activities permitted do not reasonably allow multiple use of the particular area.

(2) It reasonably appears that the activity will present a clear and present danger to public health or safety.

(3) The activity is of a nature or duration that it cannot be accommodated without causing injury or damage to park resources.

(4) The activity is of a nature or duration that it cannot be accommodated without unreasonably interfering with a protected area’s peace and tranquility, the use of the State park by other visitors, program or administrative activities, the operation of public use facilities or the provision of services by State park concessionaires or contractors.

(e) Conditions. Permission granted under this section may contain conditions consistent with the considerations in subsection (d).

This section cited in 17 Pa. Code § 11.223 (relating to violation of rules regarding conduct in State parks).

History

Authority: The provisions of this § 11.215 abrogated in part under section 10 of the act of October 17, 2008 (P.L. 1628, No. 131).
Source: The provisions of this § 11.215 abrogated in part October 17, 2008 (P.L. 1628, No. 131), effective December 16, 2008. Immediately preceding text appears at serial pages (413525) to (413526).

17 Pa. Code § 11.214 Waste.

The following activities are prohibited:

(1) Depositing, dumping or causing to be deposited or dumped, litter, trash, refuse, garbage, bottles, pollutants or any other substance, liquid or waste, including sewage, sink water or bath water, except in receptacles or facilities provided by the Department for this purpose and in accordance with any posted instructions.

(2) Disposing material that was not accumulated during use of a State park.

This section cited in 17 Pa. Code § 11.223 (relating to violation of rules regarding conduct in State parks).

History

Authority: The provisions of this § 11.215 abrogated in part under section 10 of the act of October 17, 2008 (P.L. 1628, No. 131).
Source: The provisions of this § 11.215 abrogated in part October 17, 2008 (P.L. 1628, No. 131), effective December 16, 2008. Immediately preceding text appears at serial pages (413525) to (413526).

17 Pa. Code § 11.215 Weapons and hunting.

The following activities are prohibited without written permission of the Department:

(1) Hunting, pursuing or intentionally disturbing woodchucks, also known as groundhogs. Paragraph (2) does not apply to this activity.

(2) Hunting, pursuing or intentionally disturbing wildlife unless:

(i) The person engaging in the activity is licensed by the Game Commission to hunt and is engaged in hunting in accordance with the Game and Wildlife Code.

(ii) The activity takes place in an area designated by the Department for hunting. At Presque Isle State Park, waterfowl hunting may take place only from a facility designated by the Department as a waterfowl blind, and shooting shall be directed away from State park land and over the adjacent waters.

(iii) The activity takes place during hunting season as established by the Game Commission.

(iv) The firearm, archery equipment or other device used for this activity is lawful for hunting under the Game and Wildlife Code. A device operated by air, chemical or gas cylinder by which a projectile can be discharged or propelled is not lawful for hunting under the Game and Wildlife Code.

(3) Using a device, including a firearm, archery equipment or slingshot, that is capable of discharging or propelling a projectile, except as provided in paragraph (2) or (7).

(4) Possessing an uncased device, or uncasing a device, including a firearm, archery equipment or slingshot, that is capable of discharging or propelling a projectile, except as provided in paragraph (2) or (7), or except in the owner’s building on a leased campsite, in the owner’s residence, or in the owner’s vehicle or trailer.

(5) Failing to keep a device, including a firearm, archery equipment or slingshot, that is capable of discharging or propelling a projectile, in the owner’s building on a leased campsite, in the owner’s residence or in the owner’s vehicle or trailer. This prohibition does not apply to either of the following:

(i) A person licensed by the Game Commission to hunt, and in possession of a device that is lawful for hunting under the Game and Wildlife Code, during hunting season as established by the Game Commission, in a State park open for hunting.

(ii) A person engaged in target-shooting under paragraph (7).

(6) The trapping of wildlife. This prohibition does not apply to a person licensed by the Game Commission to engage in trapping, during trapping season as established by the Game Commission, in an area designated by the Department for hunting.

(7) Target-shooting with a device, including a firearm, archery equipment or slingshot, capable of discharging or propelling a projectile, except in an area designated by the Department for this purpose and in accordance with posted requirements and restrictions.

(8) Dog training, except from the day following Labor Day through March 31, in an area designated by the Department for hunting.

(Editor’s Note: Under section 10 of the act of October 17, 2008 (P.L. 1628, No. 131), § 11.215 is abrogated to the extent that the provisions apply to any person identified under 18 Pa.C.S. § 6109(m.2) (relating to licenses).)

The provisions of this § 11.215 abrogated in part under section 10 of the act of October 17, 2008 (P.L. 1628, No. 131).

The provisions of this § 11.215 abrogated in part October 17, 2008 (P.L. 1628, No. 131), effective December 16, 2008. Immediately preceding text appears at serial pages (413525) to (413526).

This section cited in 17 Pa. Code § 11.208 (relating to schedule; closure); 17 Pa. Code § 11.212 (relating to pets); and 17 Pa. Code § 11.223 (relating to violation of rules regarding conduct in State parks).

History

Authority: The provisions of this § 11.215 abrogated in part under section 10 of the act of October 17, 2008 (P.L. 1628, No. 131).
Source: The provisions of this § 11.215 abrogated in part October 17, 2008 (P.L. 1628, No. 131), effective December 16, 2008. Immediately preceding text appears at serial pages (413525) to (413526).

17 Pa. Code § 11.216 General recreational activity; horses; snowmobiles; all-terrain vehicles; mountain bikes.

(a) General recreational activity. Outdoor recreational activity is restricted to locations at which physical improvement or posting designates the appropriate purpose and use and to the requirements in subsections (b)—(e).

(b) Horses.

(1) A horse is permitted only on the right side of a State park road open to motor vehicles or on a trail or area posted for horseback riding. At Presque Isle State Park, a horse is permitted only with written permission of the Department.

(2) Hitching or confining a horse in a manner that may cause damage to a tree, shrub, improvement or structure is prohibited.

(3) Droppings from hitched or confined horses shall be disposed of outside the State park.

(1) In accordance with Chapter 77 of the Vehicle Code (relating to snowmobiles and all-terrain vehicles).

(2) On an area, road or trail posted for snowmobiles, or with written permission of the Department under § 11.207(c) (relating to traffic and parking).

(3) During the period beginning the day following the last day of antlerless deer season as established by the Game Commission, through the following April 1, unless otherwise posted. For purposes of this paragraph, ‘‘antler-less deer season’’ means a regular season or an extended season. If more than one antlerless deer season in a calendar year is established by the Game Commission, then ’’the last day of antlerless deer season’’ as used in this paragraph means the antlerless deer season that is the latest in the calendar year but that ends prior to December 25.

(d) All-terrain vehicles. Use of an all-terrain vehicle is permitted only as follows:

(1) In accordance with Chapter 77 of the Vehicle Code.

(2) On an area, road or trail posted for all-terrain vehicles, or with written permission of the Department under § 11.207(c) (relating to traffic and parking).

(e) Mountain bikes. Use of a mountain bike on a trail is permitted only on a trail posted for mountain biking.

This section cited in 17 Pa. Code § 11.208 (relating to schedule; closure); 17 Pa. Code § 11.209 (relating to miscellaneous activities); and 17 Pa. Code § 11.223 (relating to violation of rules regarding conduct in State parks).

History

Authority: The provisions of this § 11.215 abrogated in part under section 10 of the act of October 17, 2008 (P.L. 1628, No. 131).
Source: The provisions of this § 11.215 abrogated in part October 17, 2008 (P.L. 1628, No. 131), effective December 16, 2008. Immediately preceding text appears at serial pages (413525) to (413526).

17 Pa. Code § 11.217 Swimming.

The following are prohibited:

(1) Swimming outside a designated swimming area.

(2) Swimming at other than posted hours.

(3) Use of underwater breathing apparatus or a snorkel. With permission of the Department, this equipment may be used by an emergency or rescue unit conducting a rescue operation or training or by a diver certified by an organization approved by the Department. The list of organizations approved by the Department may be obtained from the park manager.

(4) Possessing or using a glass or breakable container or utensil in a designated swimming area.

(5) Wearing the following:

(i) In a designated swimming area that is a swimming pool, cut-off pants, clothing that may damage the filtration system or pool surface or clothing that may otherwise cause damage or endanger the facility or a visitor.

(ii) In a designated swimming area that is a swimming pool, clothing that is not leak-proof, on an infant or on a child who is not toilet-trained.

(iii) In a designated swimming area, clothing that displays lifeguard lettering or insignia.

(6) The presence of a child under 10 years of age in a designated swimming area unless accompanied and supervised competently and effectively by a person at least 14 years of age. There may be no more than five children under the supervision of one person.

(7) Diving as follows in a designated swimming area:

(i) Running-entry diving.

(ii) Diving from the shoulders of another person.

(iii) Head-first diving from poolside where the water depth is 5 feet or less.

(8) Engaging in the following activities in a designated swimming area unless permitted by posting or by an on-duty lifeguard:

(i) Using or possessing a buoyant device. Personal flotation devices approved by the United States Coast Guard may be worn.

(ii) Engaging in sports activities, including water polo, volleyball, disc throwing and catch.

This section cited in 17 Pa. Code § 11.223 (relating to violation of rules regarding conduct in State parks).

History

Authority: The provisions of this § 11.215 abrogated in part under section 10 of the act of October 17, 2008 (P.L. 1628, No. 131).
Source: The provisions of this § 11.215 abrogated in part October 17, 2008 (P.L. 1628, No. 131), effective December 16, 2008. Immediately preceding text appears at serial pages (413525) to (413526).

17 Pa. Code § 11.218 Camping; overnight facilities.

(a) Camping. Placing a tent, shelter, lean-to, sleeping bag, bedding material or mobile camping unit in an area without a valid camping permit for use of that area is prohibited.

(b) Overnight facilities. Placing personal property in, or otherwise using, a cabin, yurt, walled tent, camping cottage or other overnight facility without possession of a valid permit for use of that facility is prohibited.

This section cited in 17 Pa. Code § 11.208 (relating to schedule; closure); and 17 Pa. Code § 11.223 (relating to violation of rules regarding conduct in State parks).

History

Authority: The provisions of this § 11.215 abrogated in part under section 10 of the act of October 17, 2008 (P.L. 1628, No. 131).
Source: The provisions of this § 11.215 abrogated in part October 17, 2008 (P.L. 1628, No. 131), effective December 16, 2008. Immediately preceding text appears at serial pages (413525) to (413526).

17 Pa. Code § 11.219 Boating.

(a) Applicability. This section applies to activities at State parks other than State parks covered by § 11.220 (relating to whitewater boating).

(b) The use of inner tubes, body boards, surfboards, air mattresses and other similar nonwatercraft devices is permitted in creeks, streams and rivers. Children 12 years of age and under shall wear United States Coast Guard-approved personal flotation devices while engaged in this activity.

(c) Except as provided in subsection (d), the use of body boards and surfboards is permitted in bodies of water designated for boating. Persons shall wear United States Coast Guard-approved personal flotation devices while engaged in this activity.

(d) At Presque Isle State Park, the use of body boards and surfboards is permitted only at locations where posting states that this activity is permitted. Personal flotation devices are not required.

(e) The following activities are prohibited without written permission of the Department:

(1) Operating watercraft on a body of water not designated for boating. The use of nonmotorized watercraft is permitted on creeks, streams and rivers unless posted otherwise.

(2) Operating, using or anchoring watercraft within 100 feet of either a designated swimming area or an area marked by buoys.

(3) Operating, towing or using any of the following:

(i) Watercraft propelled by air propellers.

(ii) Seaplanes. Seaplanes may be taxied at a slow minimum-height-swell speed in the waters of Presque Isle State Park for the purpose of access to and egress from the park.

(iii) Water skis. The use of water skis is permitted in lakes where motorboats with unlimited horsepower are permitted and in lakes where posting states that water skiing is permitted.

(iv) Parasails, kite skis and other devices towed behind a boat and intended to lift off the surface of the water.

(v) Unseaworthy watercraft.

(vi) Inflatable devices except as provided in subsection (b) and except devices which are at least 7 feet long and have more than one separate buoyancy chamber.

(vii) Equipment or devices not constructed or sold primarily for transportation on water, except as provided in subsections (b)—(d).

(f) Motorboats. This subsection does not apply to boats used for purposes of State park administration, law enforcement, search and rescue, safety patrol or concessionaire excursions. The following activities are prohibited without written permission of the Department:

(1) Operating a boat powered by one or more internal combustion engines totaling more than the posted maximum horsepower.

(2) Operating a boat powered by an internal combustion engine in waters that are posted as being restricted to electric motor use.

(3) Operating personal watercraft unless the body of water is posted as being open to motorboats without a limit on horsepower.

(g) Endangerment. Operating or using watercraft or a nonwatercraft device in a manner that endangers a person or property is prohibited.

(h) Mooring, anchoring and storing. The following activities are prohibited:

(1) Mooring watercraft at any location without possession of a valid watercraft mooring permit issued by the Department for that location. This prohibition does not apply as provided in subparagraph (ii).

(i) A decal issued by the Department evidencing issuance of the permit shall be affixed aft of amidship on the starboard (right) side of the watercraft.

(ii) At Point State Park, watercraft may be moored along the river wall during the hours the park is open to the public. Watercraft may be moored along the river wall overnight only with permission of the Department.

(2) Leaving watercraft in an area designated by the Department for storage without possession of a valid storage permit issued by the Department.

(3) Leaving unoccupied watercraft anywhere in a State park between sunset and 8 a.m., except in accordance with paragraph (1) or (2).

(i) Launching. The following activities are prohibited:

(1) Launching or removing motorized watercraft at a location that is not designated by the Department as a launching site, without written permission of the Department.

(2) Launching or removing nonmotorized watercraft at a location where posting prohibits this activity.

(3) Except as provided in paragraph (4), launching watercraft without one of the following:

(i) A valid watercraft launching or mooring permit issued by the Department. If a decal evidencing the issuance of a permit has been provided by the Department, the decal shall be affixed to the watercraft aft of amidship on the starboard (right) side. If another form of evidence of the issuance of a permit has been provided by the Department in lieu of a decal, this evidence shall be carried on the watercraft.

(ii) A valid registration number and validation decal, or a valid use permit, issued and displayed in accordance with 58 Pa. Code Part II (relating to Fish and Boat Commission).

(4) Paragraph (3) does not apply as follows:

(i) Presque Isle State Park. To an operator of watercraft at Presque Isle State Park, unless registration or a use permit is required under 58 Pa. Code Part II. If registration or a use permit is required under 58 Pa. Code Part II, launching watercraft without complying with the regulations is prohibited.

(ii) Pymatuning State Park. To an operator of watercraft at Pymatuning State Park if a valid launching permit has been issued for the watercraft by the State of Ohio.

This section cited in 17 Pa. Code § 11.208 (relating to schedule; closure); and 17 Pa. Code § 11.223 (relating to violation of rules regarding conduct in State parks).

History

Authority: The provisions of this § 11.215 abrogated in part under section 10 of the act of October 17, 2008 (P.L. 1628, No. 131).
Source: The provisions of this § 11.215 abrogated in part October 17, 2008 (P.L. 1628, No. 131), effective December 16, 2008. Immediately preceding text appears at serial pages (413525) to (413526).

17 Pa. Code § 11.220 Whitewater boating.

(a) General requirements. The following rules apply to persons using watercraft at Ohiopyle State Park, Lehigh Gorge State Park or McConnells Mill State Park. These requirements do not apply at Lehigh Gorge State Park when the flow rate of the Lehigh River is less than 250 cubic feet per second.

(1) Wear an appropriate-sized United States Coast Guard-approved personal flotation device, Type I, III or V.

(2) Use one of the following types of watercraft in addition to complying with specific watercraft requirements in subsections (c)—(e):

(i) Noninflatable watercraft that is designed by the manufacturer for whitewater use. Noninflatable canoes and noninflatable kayaks shall have sufficient flotation to ensure that they will float when they are completely full of water.

(ii) Inflatable watercraft that has multiple air chambers of a tough durable construction intended for whitewater use, consists of a tough laminated material, and is of commercial grade. The multiple air chambers shall be in the outside tube.

(iii) Other nonmotorized watercraft approved by the Department.

(b) General prohibitions. The following are prohibited at Ohiopyle State Park, Lehigh Gorge State Park and McConnells Mill State Park:

(1) Using motorized watercraft.

(2) Using watercraft in a manner that endangers a person or property.

(3) Using a nonwatercraft device, such as an inner tube, body board, surfboard or air mattress. These devices may be used at Lehigh Gorge State Park when the flow rate of the Lehigh River is less than 250 cubic feet per second. Children 12 years of age and under shall wear a United States Coast Guard-approved personal flotation device when engaged in this activity.

(4) Possessing or using a glass container.

(c) Ohiopyle State Park. The following rules apply on the Youghiogheny River at Ohiopyle State Park. River levels are measured at the State park’s river gauge at the Lower Youghiogheny River launch area.

(1) Lower Youghiogheny River. The Lower Youghiogheny River is the section of the Youghiogheny River between the base of Ohiopyle Falls and the northern most point of the river that lies within the State park. The following rules apply to persons using watercraft on the Lower Youghiogheny River:

(i) Guided tour or permit. They shall either be part of a guided tour provided by a State park-licensed concession or have a valid whitewater launch permit issued by the Department. Permits may not be transferred, assigned, altered or used to subvert their original intent. During periods when a launch area is not staffed, boaters shall sign the sign-on sheet at the contact station in lieu of obtaining a permit.

(ii) Launch and take-out. Except as provided in clauses (A) and (B), launch of watercraft shall occur only at the launch area designated by the Department and take-out shall occur only at take-out areas designated by the Department.

(A) Watercraft may be launched on tributaries entering the Youghiogheny River downstream from Ohiopyle Falls, with permission of the Department.

(B) Watercraft may be launched at Bruner’s Run take-out area for the purpose of boating downstream from Bruner’s Run take-out area.

(iii) Watercraft requirements. Except as provided in subparagraph (iv), the following requirements apply to watercraft used on the Lower Youghiogheny River:

(A) At river levels below 3 feet, inflatable watercraft shall be at least 8 feet long and have an outside tube diameter of at least 14 inches. This requirement does not apply to inflatable canoes and inflatable kayaks.

(B) At river levels 3 feet and above but less than 4 feet, inflatable watercraft shall be at least 12 feet long and have an outside tube diameter of at least 16 inches. Inflatable canoes and inflatable kayaks are not permitted.

(I) Inflatable watercraft shall be at least 15 feet long and have an outside tube diameter of at least 18 inches. Inflatable canoes and inflatable kayaks are not permitted.

(II) Watercraft rented from a boat rental business are not permitted.

(iv) Exceptions to watercraft requirements.

(A) State park-licensed concession watercraft are not subject to the watercraft requirements in subparagraph (iii), but are subject to the terms of the license agreement.

(B) With permission of the Department, a person may use watercraft that does not meet the requirements in subparagraph (iii) if the Department deems it safe for use, taking into account durability, buoyancy and maneuverability. This permission will not be given for watercraft rented from a boat rental business.

(2) Middle Youghiogheny River. The Middle Youghiogheny River is the section of the Youghiogheny River between the Ramcat launch area and the Middle Youghiogheny take-out area upstream of Bike Trail Bridge in Ohiopyle Borough. The following rules apply to persons using watercraft on the Middle Youghiogheny River:

(i) Launch and take-out. Launch of watercraft shall occur only at the Ramcat launch area, and take-out shall occur only at the Middle Youghiogheny take-out area upstream of Bike Trail Bridge in Ohiopyle Borough.

(ii) Watercraft requirements. Except as provided in subparagraph (iii), the following requirements apply to watercraft used on the Middle Youghiogheny River:

(B) At river levels 3 feet and above, inflatable watercraft shall be at least 12 feet long and have an outside tube diameter of at least 16 inches. Inflatable canoes and inflatable kayaks are not permitted.

(iii) Exceptions to watercraft requirements.

(A) Guided and unguided State park-licensed concession watercraft are not subject to subparagraph (ii), but are subject to the terms of the license agreement.

(B) With permission of the Department, a person may use watercraft that does not meet the requirements in subparagraph (ii) if the Department deems it safe for use, taking into account durability, buoyancy and maneuverability. This permission will not be given for watercraft rented from a boat rental business, including a State park-licensed concession business.

(3) Waterfall running. Boating from Bike Trail Bridge to and including Ohiopyle Falls is permitted unless posted otherwise.

(d) Lehigh Gorge State Park. The following rules apply on the Lehigh River at Lehigh Gorge State Park. Flow rates are measured at the State park river gauges at the launch area designated by the Department at White Haven and the launch and take-out areas designated by the Department at Rockport and Glen Onoko.

(1) At flow rates from 250 cubic feet per second through 1,000 cubic feet per second, inflatable watercraft shall be at least 8 feet long and have an outside tube diameter of at least 13 inches. This requirement does not apply to inflatable canoes and inflatable kayaks.

(2) At flow rates above 1,000 cubic feet per second through 5,000 cubic feet per second, inflatable watercraft shall be at least 11 feet long and have an outside tube diameter of at least 15 inches. This requirement does not apply to inflatable canoes and inflatable kayaks.

(3) At flow rates above 5,000 cubic feet per second, inflatable watercraft shall be at least 12-1/2 feet long and have an outside tube diameter of at least 17 inches. This requirement does not apply to inflatable canoes and inflatable kayaks.

(4) Launch of watercraft shall occur only at launch areas designated by the Department and take-out shall occur only at take-out areas designated by the Department, except with written permission of the Department.

(5) Guided and unguided watercraft trips provided by commercial outfitters are not permitted between the Francis E. Walter Dam and the White Haven launch area.

(6) Guided and unguided watercraft trips provided by commercial outfitters are not permitted between the White Haven launch area and the Rockport launch and take-out area during the opening weekend of annual trout season, as established by the Fish and Boat Commission, and the following weekend.

(e) McConnells Mill State Park. Inflatable watercraft used on Slippery Rock Creek at McConnells Mill State Park shall be at least 8 feet long and have an outside tube diameter of at least 14 inches. This requirement does not apply to inflatable canoes and inflatable kayaks.

This section cited in 17 Pa. Code § 11.219 (relating to boating); and 17 Pa. Code § 11.223 (relating to violation of rules regarding conduct in State parks).

History

Authority: The provisions of this § 11.215 abrogated in part under section 10 of the act of October 17, 2008 (P.L. 1628, No. 131).
Source: The provisions of this § 11.215 abrogated in part October 17, 2008 (P.L. 1628, No. 131), effective December 16, 2008. Immediately preceding text appears at serial pages (413525) to (413526).

17 Pa. Code § 11.221 Special provisions for Point State Park.

The following provisions apply to Point State Park:

(1) Memorials. Memorials may be erected with written permission of the Department to honor those persons and events which symbolize the spirit of the American pioneer and the significance of frontier forts prior to the year 1800.

(2) Portal Arch Bridge. Congregating or loitering on the Portal Arch Bridge is prohibited.

(3) Decorative pools. Swimming, wading or fishing in the reflecting pool or the fountain pool is prohibited.

(4) Recreational equipment. Use of roller skates, skateboards, scooters, bicycles or other wheeled recreational equipment is prohibited, except where posted as being permitted or except with written permission of the Department.

This section cited in 17 Pa. Code § 11.223 (relating to violation of rules regarding conduct in State parks).

History

Authority: The provisions of this § 11.215 abrogated in part under section 10 of the act of October 17, 2008 (P.L. 1628, No. 131).
Source: The provisions of this § 11.215 abrogated in part October 17, 2008 (P.L. 1628, No. 131), effective December 16, 2008. Immediately preceding text appears at serial pages (413525) to (413526).

17 Pa. Code § 11.222 Special provisions for Presque Isle State Park.

The following provisions apply to Presque Isle State Park:

(1) Visiting after closing. A person who desires to enter the park during a period when the park is closed shall stop at the park ranger office and state his name, address, destination, reason for entering and planned time of departure. Permission to enter the park may be granted if the Department determines that good cause exists for entering the park. This provision does not apply to a park resident or tenant.

(2) Transfer of night parking permit. Lending or transferring a night parking permit is prohibited and will result in cancellation of the permit.

(3) Seining for bait. Seining for bait in designated swimming areas is prohibited.

This section cited in 17 Pa. Code § 11.223 (relating to violation of rules regarding conduct in State parks).

History

Authority: The provisions of this § 11.215 abrogated in part under section 10 of the act of October 17, 2008 (P.L. 1628, No. 131).
Source: The provisions of this § 11.215 abrogated in part October 17, 2008 (P.L. 1628, No. 131), effective December 16, 2008. Immediately preceding text appears at serial pages (413525) to (413526).

17 Pa. Code § 11.223 Violation of rules regarding conduct in State parks.

Engaging in activity prohibited under the following sections constitutes a summary offense under section 7506 of the Crimes Code (relating to violation of rules regarding conduct on Commonwealth property):

(1) Section 11.208 (relating to schedule; closure).

(2) Section 11.209 (relating to miscellaneous activities).

(3) Section 11.210 (relating to fires).

(4) Section 11.211 (relating to natural resources).

(5) Section 11.212 (relating to pets).

(6) Section 11.213 (relating to organized events; public assemblies; distribution of printed matter).

(7) Section 11.214 (relating to waste).

(8) Section 11.215 (relating to weapons and hunting).

(9) Section 11.216 (relating to general recreational activity; horses; snowmobiles; all-terrain vehicles; mountain bikes).

(10) Section 11.217 (relating to swimming).

(11) Section 11.218 (relating to camping; overnight facilities).

(12) Section 11.219 (relating to boating).

(13) Section 11.220 (relating to whitewater boating).

(14) Section 11.221 (relating to special provisions for Point State Park).

(15) Section 11.222 (relating to special provisions for Presque Isle State Park).

History

Authority: The provisions of this § 11.215 abrogated in part under section 10 of the act of October 17, 2008 (P.L. 1628, No. 131).
Source: The provisions of this § 11.215 abrogated in part October 17, 2008 (P.L. 1628, No. 131), effective December 16, 2008. Immediately preceding text appears at serial pages (413525) to (413526).

17 Pa. Code § 11.224 Prices.

(a) Schedule of prices. Under its authority in section 314 of the act (71 P. S. § 1340.314), regarding fees and charges, the Department will establish, by publication in the Pennsylvania Bulletin, a schedule of prices for activities, uses and privileges. This schedule will be posted on the Department’s website, www.dcnr.state.pa.us.

(b) Reduction or waiver of prices. Upon request made to a park manager, the Department may reduce or waive prices established under subsection (a) as follows:

(1) For persons who provide a service deemed by the Department to be valuable to the public, the Department or the Commonwealth.

(2) In specific situations in which the Department determines that good customer service or a marketing or promotional benefit to the Department warrants a reduction or waiver.

(c) Prices for goods and services. The Department will set reasonable prices for the sale of goods and services to the public.

History

Authority: The provisions of this § 11.215 abrogated in part under section 10 of the act of October 17, 2008 (P.L. 1628, No. 131).
Source: The provisions of this § 11.215 abrogated in part October 17, 2008 (P.L. 1628, No. 131), effective December 16, 2008. Immediately preceding text appears at serial pages (413525) to (413526).

Chapter 15 Transfer or Exchange of State Park Land—Statement of Policy

17 Pa. Code § 15.1 Background.

(a) Under section 514 of The Administrative Code of 1929 (71 P. S. § 194), a department may not sell or exchange real estate belonging to the Commonwealth without specific authority from the General Assembly. Since there is no general authority for the transfer or exchange of State Park land, a transfer or exchange may be conducted only under a specific act of the General Assembly.

(b) When authorized by statute, the policy in § 15.2 (relating to policy) will guide Departmental action as related to the exchange of State Park land, or the transfer of State Park land to other Commonwealth departments or agencies, except that the policy will not apply to minor exchanges for the purpose of adjusting boundaries and Memoranda of Understanding involving less than 1 acre.

History

Source: The provisions of this Chapter 15 adopted May 1, 1992, effective May 2, 1992, 22 Pa. B. 2356; renumbered from 25 Pa. Code Chapter 17, June 7, 1996, effective June 8, 1996, 26 Pa.B. 2707, unless otherwise noted. Immediately preceding text appears at serial pages (169955) to (169956).

17 Pa. Code § 15.2 Policy.

(a) Existing State Park lands will be held and protected for future generations. Exceptions to this basic principle will be rare and as a last resort after evaluation of alternatives and appropriate environmental analyses. When a transfer or exchange is found to be in the best interest of State Parks and the Commonwealth, the loss of State Park land will be mitigated by acreage of equal or greater value except where the State Park land is to remain in public recreational use.

(b) A transfer or exchange shall be judged in the context of relevant State Park management plans and the mission of the State Parks system.

(c) Before a proposed transfer or exchange is effectuated, the Department or its designee will conduct and document an environmental review to identify the environmental impacts of the transfer or exchange.

(d) A proposed transfer or exchange will be advertised in the Pennsylvania Bulletin and local newspapers in the area of the park at least 60 days before the transfer or exchange is scheduled to take place. This advertisement will indicate the proposed parcels to be exchanged or transferred, the availability of written documents, a description of the comment process, the date of the public informational meeting and the name of a contact person.

(e) A public comment period will be held for at least 30 days. A public informational meeting shall be held for each proposed State Park land transfer or exchange. Oral and written comments will become part of the official document used in formulating the Department’s position on a proposed transfer.

This section cited in 17 Pa. Code § 15.1 (relating to background).

History

Source: The provisions of this Chapter 15 adopted May 1, 1992, effective May 2, 1992, 22 Pa. B. 2356; renumbered from 25 Pa. Code Chapter 17, June 7, 1996, effective June 8, 1996, 26 Pa.B. 2707, unless otherwise noted. Immediately preceding text appears at serial pages (169955) to (169956).

Chapter 17 State Parks Natural Areas—Statement of Policy

17 Pa. Code § 17.1 State Parks 2000 Natural Area policy.

Areas within State Parks containing outstanding, unique or sensitive resources should be set aside for protection through designation as Natural Areas to ensure their continued quality for future generations. A Natural Areas Program would also create opportunities for research to bring about a better understanding of the natural world and promote greater opportunities for environmental education.

The provisions of this § 17.1 adopted August 20, 1993, effective August 21, 1993, 23 Pa.B. 3943.

History

Source: The provisions of this § 17.5 adopted August 20, 1993, effective August 21, 1993, 23 Pa.B. 3943.

17 Pa. Code § 17.2 State Parks Natural Area definition.

A Natural Area is an area within a State Park of unique scenic, geologic or ecological value which will be maintained in a natural condition by allowing physical and biological processes to operate, usually without direct human intervention. These areas are set aside to:

(1) Provide locations for scientific observation of natural systems.

(2) Protect examples of typical and unique plant and animal communities.

(3) Protect outstanding examples of natural interest and beauty.

The provisions of this § 17.2 adopted August 20, 1993, effective August 21, 1993, 23 Pa.B. 3943.

This section cited in 17 Pa. Code § 17.201 (relating to definitions).

History

Source: The provisions of this § 17.5 adopted August 20, 1993, effective August 21, 1993, 23 Pa.B. 3943.

17 Pa. Code § 17.3 General management guideline.

The protection of Natural Areas will be guided by the need to maintain their significant ecologic values. Generally, physical and biological processes will not be subject to direct human intervention. Activities which interfere with these processes or threaten to degrade the inherent values of these areas will be prohibited. Management of surrounding lands may not adversely impact these areas.

The provisions of this § 17.3 adopted August 20, 1993, effective August 21, 1993, 23 Pa.B. 3943.

History

Source: The provisions of this § 17.5 adopted August 20, 1993, effective August 21, 1993, 23 Pa.B. 3943.

17 Pa. Code § 17.4 Administration/operation of Natural Areas.

(a) Natural Areas will be left undisturbed with natural succession allowed to occur. Artificial regeneration will not be permitted. Resource management practices will not take place except as required for public safety and when activities or events threaten the natural values of the area. An uneven-age management buffer will be maintained around the Natural Area where possible.

(b) Control measures will be considered if the feature for which the area was designated is in jeopardy. Insect and disease control will be determined on an individual case basis. Fire control will be permitted and will follow normal Bureau of Forestry operating procedures. Aerial spraying of herbicides to maintain rights-of-way within and bordering Natural Areas will not be permitted. Vegetation on these rights-of-way may be cut and controlled by direct spray application to cut stems.

(c) Only activities congruous with the natural resources will be permitted. Human habitation or overnight camping will not be allowed. Written permission from the State Park Director will be required to conduct research or other similar activities. Activities may be prohibited during certain periods during the year if necessary to protect a sensitive natural resource. Access for all but essential administrative activities is restricted to foot travel and nonmotorized watercraft.

(d) Buildings and other improvements will be restricted to the minimum required for public health, safety and interpretive aids and shall be provided only when it will facilitate the appreciation of the unique resource. The development shall be compatible with the protection needs and management strategies for the resource.

(e) Mineral leases and development will be prohibited. New rights-of-way will also be prohibited.

(f) Signs may be erected at access points and where needed along roads bordering Natural Areas. Information should include the name of the Natural Area, why the area is so set aside and special restrictions which might apply.

(g) Management activities planned on Natural Areas will require prior written approval of the State Park Director.

The provisions of this § 17.4 adopted August 20, 1993, effective August 21, 1993, 23 Pa.B. 3943.

History

Source: The provisions of this § 17.5 adopted August 20, 1993, effective August 21, 1993, 23 Pa.B. 3943.

17 Pa. Code § 17.5 Natural Area designation procedure.

(a) Recommendations for designation, or removal from designation, of areas as Natural Areas should be submitted to the State Park Director with a map and a description of the character of the area. Recommendations for areas to be removed from designation should be accompanied by a statement explaining that the criteria meriting designation no longer exist, or other substantial justification.

(b) The State Park Director will review the proposal to determine whether the area meets criteria for Natural Area designation. Recommendations for removal from designation will be reviewed to determine the appropriateness and impact of removal.

(c) Upon determination that areas proposed for designation meet the criteria for Natural Areas, the State Park Director will recommend designation of the areas to the Deputy Secretary of Parks and Forestry and the Secretary.

(d) A notice of areas proposed for designation as Natural Areas will be published in the Pennsylvania Bulletin. This notice will include the name of the area proposed for designation, the State Park in which the area is located, the size of the area and the features qualifying the area for designation. There will be a public comment period of at least 30 days. If significant public concerns are raised, the Secretary may schedule a public meeting. Following the public comment period, and any possible public meeting, the Secretary may direct that the proposed areas be designated as Natural Areas. The Secretary’s decision will be final and the designation will be effective upon publication in the Pennsylvania Bulletin.

(e) A notice of areas proposed for removal from designation as Natural Areas will also be published in the Pennsylvania Bulletin. This notice will include the name of the area proposed for removal, the State Park in which the area is located, the size of area and the justification for removal from designation. There will be a public comment period of at least 30 days. If requested in writing during the public comment period, the Department may schedule a public meeting. If no significant objection to the removal is made either during the public comment period or at the public meeting, the Secretary may direct that the proposed area be removed from designation as a Natural Area. The Secretary’s decision will be final and the removal will be effective upon publication in the Pennsylvania Bulletin.

The provisions of this § 17.5 adopted August 20, 1993, effective August 21, 1993, 23 Pa.B. 3943.

History

Source: The provisions of this § 17.5 adopted August 20, 1993, effective August 21, 1993, 23 Pa.B. 3943.

Subpart C State Forests

Chapter 21 General Provisions

17 Pa. Code § 21.101 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Act—The Conservation and Natural Resources Act (71 P. S. § § 1340.101—1340.1103). All-terrain vehicle—The term as defined in section 7702 of the Vehicle Code (relating to definitions). Commercial activity—An activity in which a person directly or indirectly accepts consideration of value as compensation for the provision of goods or services, including transportation. Crimes Code—Title 18 Pennsylvania Consolidated Statutes. Department—

(i) The Department of Conservation and Natural Resources of the Commonwealth.

(ii) The term includes authorized officials of the Department. Fish and Boat Code—Title 30 Pennsylvania Consolidated Statutes. Game and Wildlife Code—Title 34 Pennsylvania Consolidated Statutes. Motor vehicle—

(i) The term as defined in section 102 of the Vehicle Code (relating to definitions).

(ii) The term does not include a snowmobile or all-terrain vehicle as defined in section 7702 of the Vehicle Code. Motorized off-road vehicle—

(i) A motorized recreational vehicle designed for either off-road use or for both off-road and road use.

(ii) The term does not include a snowmobile or all-terrain vehicle. Permission of the Department or permitted by the Department—Approval obtained from the Department, including a district forester or designee. Permit—Written approval obtained from the Department, including a district forester or designee, on a form prescribed by the Department. Person—A corporation, company, club, firm, association, society, partnership, joint stock company, governmental agency or individual. Picnic area—An area in a State forest designated by the Department as a State forest picnic area. Snowmobile—The term as defined in section 7702 of the Vehicle Code. State forest—An area under the jurisdiction of the Department acquired or administered as a State forest under section 302 of the act (71 P. S. § 1340.302). Vehicle—The term as defined in section 102 of the Vehicle Code. Vehicle Code—Title 75 Pennsylvania Consolidated Statutes. Watercraft—The term as defined in section 102 of the Fish and Boat Code (relating to definitions).

The provisions of this § 21.101 issued under sections 302, 313 and 502 of the Conservation and Natural Resources Act (71 P. S. § § 1340.302, 1340.313 and 1340.502); and the Crimes Code, 18 Pa.C.S. § § 7505 and 7506.

The provisions of this § 21.101 adopted September 4, 2015, effective September 5, 2015, 45 Pa.B. 5493.

History

Authority: The provisions of this § 21.123 issued under sections 302, 313 and 502 of the Conservation and Natural Resources Act (71 P. S. § § 1340.302, 1340.313 and 1340.502); and the Crimes Code, 18 Pa.C.S. § § 7505 and 7506.
Source: The provisions of this § 21.123 adopted September 4, 2015, effective September 5, 2015, 45 Pa.B. 5493.

17 Pa. Code § 21.102 Scope.

This chapter applies to State forests.

The provisions of this § 21.102 issued under sections 302, 313 and 502 of the Conservation and Natural Resources Act (71 P. S. § § 1340.302, 1340.313 and 1340.502); and the Crimes Code, 18 Pa.C.S. § § 7505 and 7506.

The provisions of this § 21.102 adopted September 4, 2015, effective September 5, 2015, 45 Pa.B. 5493.

History

Authority: The provisions of this § 21.123 issued under sections 302, 313 and 502 of the Conservation and Natural Resources Act (71 P. S. § § 1340.302, 1340.313 and 1340.502); and the Crimes Code, 18 Pa.C.S. § § 7505 and 7506.
Source: The provisions of this § 21.123 adopted September 4, 2015, effective September 5, 2015, 45 Pa.B. 5493.

17 Pa. Code § 21.103 Trespass.

(a) A person who violates this chapter or disregards instructions or warnings given by a State forest officer or Department-commissioned officer or interferes in the performance of the duties of a State forest officer or Department-commissioned officer may be ordered to leave a State forest.

(b) A person who refuses to leave a State forest after receiving an order to leave from a State forest officer or Department-commissioned officer commits an act of criminal trespass under section 3503(b) of the Crimes Code (relating to criminal trespass).

The provisions of this § 21.103 issued under sections 302, 313 and 502 of the Conservation and Natural Resources Act (71 P. S. § § 1340.302, 1340.313 and 1340.502); and the Crimes Code, 18 Pa.C.S. § § 7505 and 7506.

The provisions of this § 21.103 adopted September 4, 2015, effective September 5, 2015, 45 Pa.B. 5493.

History

Authority: The provisions of this § 21.123 issued under sections 302, 313 and 502 of the Conservation and Natural Resources Act (71 P. S. § § 1340.302, 1340.313 and 1340.502); and the Crimes Code, 18 Pa.C.S. § § 7505 and 7506.
Source: The provisions of this § 21.123 adopted September 4, 2015, effective September 5, 2015, 45 Pa.B. 5493.

17 Pa. Code § 21.104 Closure.

(a) Closings and restrictions. The Department may close a State forest, portion of a State forest or State forest facility, or may restrict it to certain uses or activities.

(b) Prohibited activities. The Department may prohibit certain uses or activities in a State forest, portion of a State forest or State forest facility.

(c) Informing the public. The public will be informed of the closure, restriction or prohibition under subsection (a) or (b) by any form of communication, including this chapter or posting, or by fencing, barricade, gate, or other structure or device manifestly designed to exclude the public.

(d) Prohibitions.

(1) Entering, using or remaining in a State forest, area or facility that is not open to the public or that has been closed under this section is prohibited, unless permitted by the Department.

(2) Using, or engaging in activities in, a State forest, area or facility in violation of a restriction or prohibition under subsection (a) or (b) is prohibited, unless permitted by the Department.

The provisions of this § 21.104 issued under sections 302, 313 and 502 of the Conservation and Natural Resources Act (71 P. S. § § 1340.302, 1340.313 and 1340.502); and the Crimes Code, 18 Pa.C.S. § § 7505 and 7506.

The provisions of this § 21.104 adopted September 4, 2015, effective September 5, 2015, 45 Pa.B. 5493.

This section cited in 17 Pa. Code § 21.111 (relating to parking); and 17 Pa. Code § 21.123 (relating to violation of rules regarding conduct in State forests).

History

Authority: The provisions of this § 21.123 issued under sections 302, 313 and 502 of the Conservation and Natural Resources Act (71 P. S. § § 1340.302, 1340.313 and 1340.502); and the Crimes Code, 18 Pa.C.S. § § 7505 and 7506.
Source: The provisions of this § 21.123 adopted September 4, 2015, effective September 5, 2015, 45 Pa.B. 5493.

17 Pa. Code § 21.105 Property left in a State forest.

(a) Leaving personal property in a State forest for more than 24 hours without written permission of the Department is prohibited, unless permitted under § 21.120 (relating to ground blinds and tree stands).

(b) The following personal property may be moved or removed by the Department, placed in storage and is subject to disposal in accordance with law:

(1) Personal property that has been left in a State forest for more than 24 hours without written permission of the Department as required in subsection (a).

(2) Personal property that impedes public access or navigation.

(3) Vehicles or other personal property parked in violation of § 21.111 (relating to parking).

(c) Personal property that is in storage under this section will be released from storage only upon adequate proof of ownership and, if appropriate, payment of a reasonable storage fee.

The provisions of this § 21.105 issued under sections 302, 313 and 502 of the Conservation and Natural Resources Act (71 P. S. § § 1340.302, 1340.313 and 1340.502); and the Crimes Code, 18 Pa.C.S. § § 7505 and 7506.

The provisions of this § 21.105 adopted September 4, 2015, effective September 5, 2015, 45 Pa.B. 5493.

This section cited in 17 Pa. Code § 21.123 (relating to violation of rules regarding conduct in State forests).

History

Authority: The provisions of this § 21.123 issued under sections 302, 313 and 502 of the Conservation and Natural Resources Act (71 P. S. § § 1340.302, 1340.313 and 1340.502); and the Crimes Code, 18 Pa.C.S. § § 7505 and 7506.
Source: The provisions of this § 21.123 adopted September 4, 2015, effective September 5, 2015, 45 Pa.B. 5493.

17 Pa. Code § 21.106 Picnic areas.

(a) Picnic areas are open to the public between sunrise and sunset.

(b) Entering a picnic area when it is not open to the public under subsection (a) is permitted for the purpose of fishing or gaining access to another area of State forest land that is open for public use.

(c) Except as provided in subsection (b) or with written permission of the Department, entering, using or remaining in a picnic area when it is not open to the public under subsection (a) is prohibited.

(d) Possessing or consuming alcoholic beverages is prohibited.

(e) An owner, keeper or handler of a pet may have the pet in a picnic area only under the following conditions, a violation of which is prohibited:

(1) The pet is on a leash with a maximum length of 6 feet.

(2) The pet is attended and under physical control of an individual.

(3) The pet does not behave in a manner that may reasonably be expected to disturb or intimidate another person.

(4) The pet does not behave in a manner that may cause damage to property or resources.

(5) The pet’s droppings are disposed of in trash receptacles or outside the State forest.

(f) Removing facilities, including picnic tables, fire rings and containers for disposal of waste or charcoal, is prohibited.

(g) Hunting, trapping and using a device that is capable of discharging or propelling a projectile is prohibited.

The provisions of this § 21.106 issued under sections 302, 313 and 502 of the Conservation and Natural Resources Act (71 P. S. § § 1340.302, 1340.313 and 1340.502); and the Crimes Code, 18 Pa.C.S. § § 7505 and 7506.

The provisions of this § 21.106 adopted September 4, 2015, effective September 5, 2015, 45 Pa.B. 5493.

This section cited in 17 Pa. Code § 21.123 (relating to violation of rules regarding conduct in State forests).

History

Authority: The provisions of this § 21.123 issued under sections 302, 313 and 502 of the Conservation and Natural Resources Act (71 P. S. § § 1340.302, 1340.313 and 1340.502); and the Crimes Code, 18 Pa.C.S. § § 7505 and 7506.
Source: The provisions of this § 21.123 adopted September 4, 2015, effective September 5, 2015, 45 Pa.B. 5493.

17 Pa. Code § 21.107 Hunting, trapping and shooting.

(a) Hunting and trapping are permitted unless otherwise posted.

(b) Hunting and trapping shall be in accordance with the Game and Wildlife Code and 58 Pa. Code Part III (relating to Game Commission).

(c) Using a device that is capable of discharging or propelling a projectile is prohibited except in accordance with the Game and Wildlife Code and except for target shooting at a location authorized by the Department.

(d) This section applies to State forest land other than picnic areas.

The provisions of this § 21.107 issued under sections 302, 313 and 502 of the Conservation and Natural Resources Act (71 P. S. § § 1340.302, 1340.313 and 1340.502); and the Crimes Code, 18 Pa.C.S. § § 7505 and 7506.

The provisions of this § 21.107 adopted September 4, 2015, effective September 5, 2015, 45 Pa.B. 5493.

This section cited in 17 Pa. Code § 21.123 (relating to violation of rules regarding conduct in State forests).

History

Authority: The provisions of this § 21.123 issued under sections 302, 313 and 502 of the Conservation and Natural Resources Act (71 P. S. § § 1340.302, 1340.313 and 1340.502); and the Crimes Code, 18 Pa.C.S. § § 7505 and 7506.
Source: The provisions of this § 21.123 adopted September 4, 2015, effective September 5, 2015, 45 Pa.B. 5493.

17 Pa. Code § 21.108 Fishing.

(a) Fishing is permitted unless otherwise posted.

(b) Fishing shall be in accordance with the Fish and Boat Code and 58 Pa. Code Part II (relating to Fish and Boat Commission).

The provisions of this § 21.108 issued under sections 302, 313 and 502 of the Conservation and Natural Resources Act (71 P. S. § § 1340.302, 1340.313 and 1340.502); and the Crimes Code, 18 Pa.C.S. § § 7505 and 7506.

The provisions of this § 21.108 adopted September 4, 2015, effective September 5, 2015, 45 Pa.B. 5493.

This section cited in 17 Pa. Code § 21.123 (relating to violation of rules regarding conduct in State forests).

History

Authority: The provisions of this § 21.123 issued under sections 302, 313 and 502 of the Conservation and Natural Resources Act (71 P. S. § § 1340.302, 1340.313 and 1340.502); and the Crimes Code, 18 Pa.C.S. § § 7505 and 7506.
Source: The provisions of this § 21.123 adopted September 4, 2015, effective September 5, 2015, 45 Pa.B. 5493.

17 Pa. Code § 21.109 Boating.

(a) Operation. Watercraft may be operated on State forest waters unless posted as closed.

(b) Statutes and regulations. Boating shall be in accordance with the Fish and Boat Code and 58 Pa. Code Part II (relating to Fish and Boat Commission).

(d) Mooring.

(1) Mooring watercraft at a location without possession of a valid watercraft mooring permit issued by the Department for that location is prohibited.

(2) A decal issued by the Department evidencing issuance of the permit shall be affixed aft of amidship on the starboard (right) side of the watercraft.

(3) The Department will establish a schedule of fees for mooring permits. The schedule and subsequent revisions will be effective upon publication in the Pennsylvania Bulletin.

(e) Launching.

(1) Subject to paragraph (2), watercraft may be launched or removed at any location except where prohibited by posting.

(2) Watercraft launched from trailers may be launched and removed only at designated launching areas.

(3) Launching watercraft without one of the following is prohibited:

(i) A valid watercraft launching or mooring permit issued by the Department. If a decal evidencing the issuance of a permit has been provided by the Department, the decal shall be affixed to the watercraft aft of amidship on the starboard (right) side. If another form of evidence of the issuance of a permit has been provided by the Department instead of a decal, this evidence shall be carried on the watercraft.

(ii) A valid registration number and validation decal, or a valid use permit, issued and displayed in accordance with 58 Pa. Code Part II.

(4) The Department will establish a schedule of fees for launching permits. The schedule and subsequent revisions will be effective upon publication in the Pennsylvania Bulletin.

(f) Docks. Maintaining a dock at any location without possession of a valid dock permit issued by the Department for that location is prohibited. A dock tag evidencing issuance of a permit shall be securely attached to the offshore end of the dock. The Department will establish a schedule of fees for dock permits. The schedule and subsequent revisions will be effective upon publication in the Pennsylvania Bulletin.

The provisions of this § 21.109 issued under sections 302, 313 and 502 of the Conservation and Natural Resources Act (71 P. S. § § 1340.302, 1340.313 and 1340.502); and the Crimes Code, 18 Pa.C.S. § § 7505 and 7506.

The provisions of this § 21.109 adopted September 4, 2015, effective September 5, 2015, 45 Pa.B. 5493.

This section cited in 17 Pa. Code § 21.123 (relating to violation of rules regarding conduct in State forests).

History

Authority: The provisions of this § 21.123 issued under sections 302, 313 and 502 of the Conservation and Natural Resources Act (71 P. S. § § 1340.302, 1340.313 and 1340.502); and the Crimes Code, 18 Pa.C.S. § § 7505 and 7506.
Source: The provisions of this § 21.123 adopted September 4, 2015, effective September 5, 2015, 45 Pa.B. 5493.

17 Pa. Code § 21.110 Traffic.

(a) Operating a vehicle or a motor vehicle is permitted in accordance with this section.

(b) The following are prohibited:

(1) Operating a vehicle in a manner that is any of the following:

(i) Reckless or negligent.

(ii) Creates a nuisance or excessive noise.

(iii) Demonstrates careless disregard for the safety of persons or property.

(2) Operating a motor vehicle in excess of the posted speed limit or, where a speed limit is not posted, in excess of 25 miles per hour.

(3) Operating a motor vehicle on roads, trails or other areas posted as closed to motor vehicles unless permitted in writing by the Department.

(4) Using State forest roads, trails or other areas in connection with or arising out of commercial activity without written permission of the Department. Occasional deliveries to residents of property adjoining a State forest are permitted.

(5) Operating an unregistered, uninspected or uninsured motor vehicle.

(6) Operating a motor vehicle without a valid driver’s license.

(c) A violation of this section constitutes a summary offense under section 7505 of the Crimes Code (relating to violation of governmental rules regarding traffic).

The provisions of this § 21.110 issued under sections 302, 313 and 502 of the Conservation and Natural Resources Act (71 P. S. § § 1340.302, 1340.313 and 1340.502); and the Crimes Code, 18 Pa.C.S. § § 7505 and 7506.

The provisions of this § 21.110 adopted September 4, 2015, effective September 5, 2015, 45 Pa.B. 5493.

History

Authority: The provisions of this § 21.123 issued under sections 302, 313 and 502 of the Conservation and Natural Resources Act (71 P. S. § § 1340.302, 1340.313 and 1340.502); and the Crimes Code, 18 Pa.C.S. § § 7505 and 7506.
Source: The provisions of this § 21.123 adopted September 4, 2015, effective September 5, 2015, 45 Pa.B. 5493.

17 Pa. Code § 21.111 Parking.

(a) Prohibitions. The following are prohibited:

(1) Parking a vehicle in an area designated by the Department for persons with a disability unless one of the following requirements is met:

(i) The Department has given written permission.

(ii) A valid plate or valid placard has been issued to a user of the vehicle under section 1338 or 1342(a) or (b) of the Vehicle Code (relating to person with disability plate and placard; and veteran plates and placard). A valid plate or valid placard for a person with a disability issued by a jurisdiction outside of this Commonwealth is deemed to be in compliance with the plate and placard requirements of this subparagraph. Placards shall be displayed in the manner required under section 1338(b) or 1342(b) of the Vehicle Code.

(2) Parking a vehicle as follows without written permission of the Department:

(i) In a location that obstructs a gate, road, trail, access way, drinking fountain, entrance, exit or road turnaround.

(ii) In an area that is posted as closed.

(iii) When the State forest is closed under § 21.104 (relating to closure).

(b) Violations.

(1) Summary offense. A violation of this section constitutes a summary offense under section 7505 of the Crimes Code (relating to violation of governmental rules regarding traffic).

(2) Parking tickets.

(i) For a violation of subsection (a) or a parking provision of the Vehicle Code, the Department may issue a parking ticket, as provided for in 234 Pa. Code Rule 401 (relating to means of instituting proceedings in summary cases charging parking violations), which will be handed to the violator or placed on the windshield of the violator’s vehicle.

(ii) If the Department has issued a parking ticket, the Department will file a citation if the violator fails to pay a charge to the Department in the amount provided in this subparagraph within 5 days of the violation and in the manner specified on the ticket.

(A) For violations of subsection (a), the charge will be in the amount of the maximum fine as provided in section 7505 of the Crimes Code.

(B) For violations of a parking provision of the Vehicle Code other than section 3354(d)(3) or (e) of the Vehicle Code (relating to additional parking regulations), the charge will be in the amount of the maximum fine as provided in the Vehicle Code.

(C) For violations of section 3354(d)(3) or (e) of the Vehicle Code, the charge will be in the amount of the minimum fine required under section 3354(f) of the Vehicle Code.

(iii) If the Department has not issued a parking ticket, the Department may issue a citation as provided for in 234 Pa. Code Rule 401.

The provisions of this § 21.111 issued under sections 302, 313 and 502 of the Conservation and Natural Resources Act (71 P. S. § § 1340.302, 1340.313 and 1340.502); and the Crimes Code, 18 Pa.C.S. § § 7505 and 7506.

The provisions of this § 21.111 adopted September 4, 2015, effective September 5, 2015, 45 Pa.B. 5493.

This section cited in 17 Pa. Code § 21.105 (relating to property left in a State forest).

History

Authority: The provisions of this § 21.123 issued under sections 302, 313 and 502 of the Conservation and Natural Resources Act (71 P. S. § § 1340.302, 1340.313 and 1340.502); and the Crimes Code, 18 Pa.C.S. § § 7505 and 7506.
Source: The provisions of this § 21.123 adopted September 4, 2015, effective September 5, 2015, 45 Pa.B. 5493.

17 Pa. Code § 21.112 Snowmobiles.

(a) Operating a snowmobile is permitted in accordance with this section.

(b) Operating a snowmobile in violation of Chapter 77 of the Vehicle Code (relating to Snowmobile and All-Terrain Vehicle Law) is prohibited.

(1) Operating a snowmobile on a road, trail or area that has not been posted as open for snowmobiles.

(2) Operating a snowmobile outside of the period from the day following the last day of regular or extended rifle deer season as established by the Game Commission through the following April 1, unless the district forester designates an earlier date that is prior to April 1.

(3) Operating or riding on a snowmobile without wearing a securely fastened helmet which meets the specifications established for motorcycle helmets in 67 Pa. Code Chapter 107 (relating to motorcycle helmets).

The provisions of this § 21.112 issued under sections 302, 313 and 502 of the Conservation and Natural Resources Act (71 P. S. § § 1340.302, 1340.313 and 1340.502); and the Crimes Code, 18 Pa.C.S. § § 7505 and 7506.

The provisions of this § 21.112 adopted September 4, 2015, effective September 5, 2015, 45 Pa.B. 5493.

This section cited in 17 Pa. Code § 21.123 (relating to violation of rules regarding conduct in State forests).

History

Authority: The provisions of this § 21.123 issued under sections 302, 313 and 502 of the Conservation and Natural Resources Act (71 P. S. § § 1340.302, 1340.313 and 1340.502); and the Crimes Code, 18 Pa.C.S. § § 7505 and 7506.
Source: The provisions of this § 21.123 adopted September 4, 2015, effective September 5, 2015, 45 Pa.B. 5493.

17 Pa. Code § 21.113 All-terrain vehicles.

(a) Operating an all-terrain vehicle is permitted in accordance with this section.

(b) Operating an all-terrain vehicle in violation of Chapter 77 of the Vehicle Code (relating to Snowmobile and All-Terrain Vehicle Law) is prohibited.

(1) Operating an all-terrain vehicle on a road, trail or area that has not been posted as open for all-terrain vehicles.

(2) Operating an all-terrain vehicle outside of the period from the Friday before Memorial Day through the last full weekend in September and from the day following the last day of regular or extended rifle deer season as established by the Game Commission through the following April 1.

(3) Operating or riding on an all-terrain vehicle without wearing a securely fastened helmet which meets the specifications established for motorcycle helmets in 67 Pa. Code Chapter 107 (relating to motorcycle helmets).

The provisions of this § 21.113 issued under sections 302, 313 and 502 of the Conservation and Natural Resources Act (71 P. S. § § 1340.302, 1340.313 and 1340.502); and the Crimes Code, 18 Pa.C.S. § § 7505 and 7506.

The provisions of this § 21.113 adopted September 4, 2015, effective September 5, 2015, 45 Pa.B. 5493.

This section cited in 17 Pa. Code § 21.123 (relating to violation of rules regarding conduct in State forests).

History

Authority: The provisions of this § 21.123 issued under sections 302, 313 and 502 of the Conservation and Natural Resources Act (71 P. S. § § 1340.302, 1340.313 and 1340.502); and the Crimes Code, 18 Pa.C.S. § § 7505 and 7506.
Source: The provisions of this § 21.123 adopted September 4, 2015, effective September 5, 2015, 45 Pa.B. 5493.

17 Pa. Code § 21.114 Motorized off-road vehicles.

(a) Operating a motorized off-road vehicle is permitted in accordance with this section.

(b) The following are prohibited except with written permission of the Department:

(1) Operating a motorized off-road vehicle on a road, trail or area that has not been posted as open for motorized off-road vehicles.

(2) Operating a motorized off-road vehicle on a road, trail or area that has not been posted as open outside of the following periods:

(i) From the Friday before Memorial Day through the last full weekend in September.

(ii) From the day following the last day of the regular or extended rifle deer season as established by the Game Commission through the following April 1.

(3) Operating or riding a motorized off-road vehicle without wearing a securely fastened helmet which meets the specifications established for motorcycle helmets in 67 Pa. Code Chapter 107 (relating to motorcycle helmets).

The provisions of this § 21.114 issued under sections 302, 313 and 502 of the Conservation and Natural Resources Act (71 P. S. § § 1340.302, 1340.313 and 1340.502); and the Crimes Code, 18 Pa.C.S. § § 7505 and 7506.

The provisions of this § 21.114 adopted September 4, 2015, effective September 5, 2015, 45 Pa.B. 5493.

This section cited in 17 Pa. Code § 21.123 (relating to violation of rules regarding conduct in State forests).

History

Authority: The provisions of this § 21.123 issued under sections 302, 313 and 502 of the Conservation and Natural Resources Act (71 P. S. § § 1340.302, 1340.313 and 1340.502); and the Crimes Code, 18 Pa.C.S. § § 7505 and 7506.
Source: The provisions of this § 21.123 adopted September 4, 2015, effective September 5, 2015, 45 Pa.B. 5493.

17 Pa. Code § 21.115 Natural resources.

(a) The following activities are prohibited without written permission of the Department:

(1) Cutting, picking, digging, damaging or removing, in whole or in part, a living or dead plant, vine, shrub, tree or flower, including fungus, lichen and moss, except as permitted in subsection (b) and § 21.120 (relating to ground blinds and tree stands).

(2) Removing rocks, shale, sand, clay, soil or other mineral products.

(3) Removing peat, bark, mulch, pine straw or other natural resources.

(4) Planting a tree, shrub or plant.

(5) Releasing an animal that was brought into a State forest.

(b) The following activities are permitted:

(1) Gathering edible wild plants or plant parts for an individual’s personal or family consumption, unless the plant is listed in Chapter 45 (relating to conservation of Pennsylvania native wild plants) as threatened, endangered, rare or vulnerable.

(2) Gathering dead and down wood for building fires on State forest land as permitted in § 21.118 (relating to fires).

The provisions of this § 21.115 issued under sections 302, 313 and 502 of the Conservation and Natural Resources Act (71 P. S. § § 1340.302, 1340.313 and 1340.502); and the Crimes Code, 18 Pa.C.S. § § 7505 and 7506.

The provisions of this § 21.115 adopted September 4, 2015, effective September 5, 2015, 45 Pa.B. 5493.

This section cited in 17 Pa. Code § 21.123 (relating to violation of rules regarding conduct in State forests).

History

Authority: The provisions of this § 21.123 issued under sections 302, 313 and 502 of the Conservation and Natural Resources Act (71 P. S. § § 1340.302, 1340.313 and 1340.502); and the Crimes Code, 18 Pa.C.S. § § 7505 and 7506.
Source: The provisions of this § 21.123 adopted September 4, 2015, effective September 5, 2015, 45 Pa.B. 5493.

17 Pa. Code § 21.116 Feeding wildlife.

(a) Except as provided in subsection (b), feeding wildlife or laying or placing food, fruit, hay, grain, chemical, salt or other minerals is prohibited without written permission of the Department.

(b) Placing of elevated songbird feeders of less than 1/2 bushel capacity is permitted.

The provisions of this § 21.116 issued under sections 302, 313 and 502 of the Conservation and Natural Resources Act (71 P. S. § § 1340.302, 1340.313 and 1340.502); and the Crimes Code, 18 Pa.C.S. § § 7505 and 7506.

The provisions of this § 21.116 adopted September 4, 2015, effective September 5, 2015, 45 Pa.B. 5493.

This section cited in 17 Pa. Code § 21.123 (relating to violation of rules regarding conduct in State forests).

History

Authority: The provisions of this § 21.123 issued under sections 302, 313 and 502 of the Conservation and Natural Resources Act (71 P. S. § § 1340.302, 1340.313 and 1340.502); and the Crimes Code, 18 Pa.C.S. § § 7505 and 7506.
Source: The provisions of this § 21.123 adopted September 4, 2015, effective September 5, 2015, 45 Pa.B. 5493.

17 Pa. Code § 21.117 Camping.

(a) Primitive camping. Primitive camping without a permit is prohibited if the camper stays more than one night at a campsite. Primitive camping is overnight camping when a motor vehicle is not used for storage or transportation during the camping experience. Primitive camping does not include water trail camping.

(b) Motorized camping. Motorized camping without a permit is prohibited. Motorized camping is overnight camping in or near a vehicle when the vehicle is used for storage or transportation during the camping experience.

(c) Group camping. Group camping without written permission of the Department is prohibited. Group camping is primitive or motorized camping by a group consisting of more than ten persons.

(d) Water trail camping. Water trail camping is allowed without a permit but is limited to two nights at a site. Water trail camping is overnight camping at sites designated for water trail camping along designated water trails.

The provisions of this § 21.117 issued under sections 302, 313 and 502 of the Conservation and Natural Resources Act (71 P. S. § § 1340.302, 1340.313 and 1340.502); and the Crimes Code, 18 Pa.C.S. § § 7505 and 7506.

The provisions of this § 21.117 adopted September 4, 2015, effective September 5, 2015, 45 Pa.B. 5493.

This section cited in 17 Pa. Code § 21.123 (relating to violation of rules regarding conduct in State forests).

History

Authority: The provisions of this § 21.123 issued under sections 302, 313 and 502 of the Conservation and Natural Resources Act (71 P. S. § § 1340.302, 1340.313 and 1340.502); and the Crimes Code, 18 Pa.C.S. § § 7505 and 7506.
Source: The provisions of this § 21.123 adopted September 4, 2015, effective September 5, 2015, 45 Pa.B. 5493.

17 Pa. Code § 21.118 Fires.

(a) Prohibition. Fires are prohibited except in accordance with this section.

(b) Gas grills and camp stoves. Fires are permitted in gas grills and camp stoves when these appliances are used as designed.

(c) Charcoal fires. Charcoal fires are permitted in appliances designed for them. Disposing of hot charcoal, except in a facility designed for charcoal disposal, is prohibited.

(d) Fire rings. Fires are permitted in fire rings that are either provided by the Department or, if not provided by the Department, do not exceed 2 feet in diameter. Fire rings must be constructed of noncombustible material.

(e) Fireplaces. Fires are permitted in fireplaces provided by the Department.

(f) Forest-fire danger. Fires in fire rings and fireplaces are prohibited at the following times unless permitted by the Department:

(1) When the forest-fire danger is determined by the Department to be high, very high or extreme.

(i) The Department will notify the public of these danger ratings by means of the Department’s web site, signs, news releases, fire wardens or volunteer fire departments.

(ii) The public may contact the district forester to obtain forest-fire danger ratings.

(2) From March 1 through May 25.

(g) Attending a fire. Failure to attend a fire at all times is prohibited.

(h) Extinguishing a fire. Leaving a fire that has not been completely extinguished is prohibited.

(i) Liability. A person who has caused a wildfire, in addition to possible criminal penalty, is liable for damages, costs of extinction and fines.

The provisions of this § 21.118 issued under sections 302, 313 and 502 of the Conservation and Natural Resources Act (71 P. S. § § 1340.302, 1340.313 and 1340.502); and the Crimes Code, 18 Pa.C.S. § § 7505 and 7506.

The provisions of this § 21.118 adopted September 4, 2015, effective September 5, 2015, 45 Pa.B. 5493.

This section cited in 17 Pa. Code § 21.115 (relating to natural resources); and 17 Pa. Code § 21.123 (relating to violation of rules regarding conduct in State forests).

History

Authority: The provisions of this § 21.123 issued under sections 302, 313 and 502 of the Conservation and Natural Resources Act (71 P. S. § § 1340.302, 1340.313 and 1340.502); and the Crimes Code, 18 Pa.C.S. § § 7505 and 7506.
Source: The provisions of this § 21.123 adopted September 4, 2015, effective September 5, 2015, 45 Pa.B. 5493.

17 Pa. Code § 21.119 Group activities.

(a) Participating in a group that engages in any of the following types of activity is prohibited without written permission of the Department:

(1) An activity that the Department determines requires a large land area or unique land formation.

(2) An activity that the Department determines may impact or conflict with normal or traditional visitor uses or experiences on State forest land.

(3) An activity that the Department determines may have a greater than normal impact on natural resources or the environment.

(b) This section does not apply to group hunting that is in compliance with 58 Pa. Code § § 141.22 and 141.42 (relating to small game; and parties hunting big game).

The provisions of this § 21.119 issued under sections 302, 313 and 502 of the Conservation and Natural Resources Act (71 P. S. § § 1340.302, 1340.313 and 1340.502); and the Crimes Code, 18 Pa.C.S. § § 7505 and 7506.

The provisions of this § 21.119 adopted September 4, 2015, effective September 5, 2015, 45 Pa.B. 5493.

This section cited in 17 Pa. Code § 21.123 (relating to violation of rules regarding conduct in State forests).

History

Authority: The provisions of this § 21.123 issued under sections 302, 313 and 502 of the Conservation and Natural Resources Act (71 P. S. § § 1340.302, 1340.313 and 1340.502); and the Crimes Code, 18 Pa.C.S. § § 7505 and 7506.
Source: The provisions of this § 21.123 adopted September 4, 2015, effective September 5, 2015, 45 Pa.B. 5493.

17 Pa. Code § 21.120 Ground blinds and tree stands.

(a) Ground blinds and tree stands may be placed, used and occupied subject to the following requirements:

(1) They must be portable.

(2) Their placement, use or occupation may not cause damage to a tree.

(3) They may not be left overnight except as follows:

(i) They may be left for any length of time within the period beginning 2 weeks prior to the first deer season and ending 2 weeks after the close of the last deer season.

(ii) Ground blinds may be left for any length of time during the spring turkey season and the water fowl season.

(iii) They may be left overnight outside of the periods in subparagraphs (i) and (ii) with written permission of the Department.

(4) Ground blinds must be constructed in accordance with the requirements for turkey blinds under the Game and Wildlife Code.

(b) Ground blinds or tree stands that do not comply with this section and accompanying personal property may be removed, stored or disposed of by the Department.

The provisions of this § 21.120 issued under sections 302, 313 and 502 of the Conservation and Natural Resources Act (71 P. S. § § 1340.302, 1340.313 and 1340.502); and the Crimes Code, 18 Pa.C.S. § § 7505 and 7506.

The provisions of this § 21.120 adopted September 4, 2015, effective September 5, 2015, 45 Pa.B. 5493.

This section cited in 17 Pa. Code § 21.105 (relating to property left in a State forest); 17 Pa. Code § 21.115 (relating to natural resources); 17 Pa. Code § 21.122 (relating to other prohibitions); and 17 Pa. Code § 21.123 (relating to violation of rules regarding conduct in State forests).

History

Authority: The provisions of this § 21.123 issued under sections 302, 313 and 502 of the Conservation and Natural Resources Act (71 P. S. § § 1340.302, 1340.313 and 1340.502); and the Crimes Code, 18 Pa.C.S. § § 7505 and 7506.
Source: The provisions of this § 21.123 adopted September 4, 2015, effective September 5, 2015, 45 Pa.B. 5493.

17 Pa. Code § 21.121 Pets.

(a) An owner, keeper or handler of a pet may have the pet in a State forest only under the following conditions:

(1) It is attended and under control of an individual.

(2) It does not behave in a manner that may reasonably be expected to disturb or intimidate another person.

(3) It does not behave in a manner that may cause damage to property or resources.

(b) This section applies to State forest land other than picnic areas.

The provisions of this § 21.121 issued under sections 302, 313 and 502 of the Conservation and Natural Resources Act (71 P. S. § § 1340.302, 1340.313 and 1340.502); and the Crimes Code, 18 Pa.C.S. § § 7505 and 7506.

The provisions of this § 21.121 adopted September 4, 2015, effective September 5, 2015, 45 Pa.B. 5493.

This section cited in 17 Pa. Code § 21.123 (relating to violation of rules regarding conduct in State forests).

History

Authority: The provisions of this § 21.123 issued under sections 302, 313 and 502 of the Conservation and Natural Resources Act (71 P. S. § § 1340.302, 1340.313 and 1340.502); and the Crimes Code, 18 Pa.C.S. § § 7505 and 7506.
Source: The provisions of this § 21.123 adopted September 4, 2015, effective September 5, 2015, 45 Pa.B. 5493.

17 Pa. Code § 21.122 Other prohibitions.

(a) The following activities are prohibited without written permission of the Department:

(1) Using State forest land in connection with or arising out of commercial activity.

(2) Removing or disturbing historical or archeological resources.

(3) Posting signs or soliciting.

(4) Plowing or removing snow.

(5) Constructing, altering or removing a structure or other improvement. This paragraph does not apply to ground blinds and tree stands under § 21.120 (relating to ground blinds and tree stands).

(6) Excavating.

(b) The following activities are prohibited:

(1) Littering or disposing of trash, garbage, paper, refuse, waste, pollutants or other materials, except that any materials that have been accumulated during a visit to a State forest may be placed in receptacles or facilities provided by the Department for this purpose.

(2) Damaging or defacing any sign, structure, equipment or other material.

(3) Disorderly conduct, including any of the following:

(i) Fighting.

(ii) Threatening.

(iii) Engaging in violent or tumultuous behavior.

(iv) Making unreasonable noise.

(v) Using obscene language.

(vi) Making an obscene gesture.

(vii) Creating a hazardous or physically offensive condition by any act which does not serve a legitimate purpose of the actor.

(4) Operating a chainsaw, snowmobile, all-terrain vehicle or motorized off-road vehicle without a fully functioning spark arrestor.

(5) Possessing or consuming alcoholic beverages by persons under 21 years of age.

(6) Washing in water outlets, springs, lakes or waterways.

(7) Discharging trailer, camper or motor home sewage, sink water or bath water except in receptacles or facilities provided by the Department for this purpose and in accordance with posted instructions.

(8) Placing or leaving personal property where it obstructs or impedes access to a gate, road, trail, path, access way, drinking fountain, entrance, exit, road turnaround, vehicle parking area or other facility.

(9) Failing to comply with a condition of a permit issued by the Department.

The provisions of this § 21.122 issued under sections 302, 313 and 502 of the Conservation and Natural Resources Act (71 P. S. § § 1340.302, 1340.313 and 1340.502); and the Crimes Code, 18 Pa.C.S. § § 7505 and 7506.

The provisions of this § 21.122 adopted September 4, 2015, effective September 5, 2015, 45 Pa.B. 5493.

This section cited in 17 Pa. Code § 21.123 (relating to violation of rules regarding conduct in State forests).

History

Authority: The provisions of this § 21.123 issued under sections 302, 313 and 502 of the Conservation and Natural Resources Act (71 P. S. § § 1340.302, 1340.313 and 1340.502); and the Crimes Code, 18 Pa.C.S. § § 7505 and 7506.
Source: The provisions of this § 21.123 adopted September 4, 2015, effective September 5, 2015, 45 Pa.B. 5493.

17 Pa. Code § 21.123 Violation of rules regarding conduct in State forests.

Engaging in activity prohibited under § § 21.104—21.109 and 21.112—21.122 constitutes a summary offense under section 7506 of the Crimes Code (relating to violation of rules regarding conduct on Commonwealth property).

The provisions of this § 21.123 issued under sections 302, 313 and 502 of the Conservation and Natural Resources Act (71 P. S. § § 1340.302, 1340.313 and 1340.502); and the Crimes Code, 18 Pa.C.S. § § 7505 and 7506.

The provisions of this § 21.123 adopted September 4, 2015, effective September 5, 2015, 45 Pa.B. 5493.

History

Authority: The provisions of this § 21.123 issued under sections 302, 313 and 502 of the Conservation and Natural Resources Act (71 P. S. § § 1340.302, 1340.313 and 1340.502); and the Crimes Code, 18 Pa.C.S. § § 7505 and 7506.
Source: The provisions of this § 21.123 adopted September 4, 2015, effective September 5, 2015, 45 Pa.B. 5493.

Chapter 25 Transfer or Exchange of State Forest Land—Statement of Policy

17 Pa. Code § 25.1 Background.

(a) The Department, under the authority granted to it by section 1 of the act of May 5, 1921 (P. L. 418, No. 194) (32 P. S. § 131) and section 1902-A(11) of The Administrative Code of 1929 (71 P. S. § 510-2(11)), has the power to exchange State Forest land as provided by law whenever it is to the advantage of the State Forest interests, if the action has been approved by the Governor.

(b) In an exchange of State Forest land, the following basic criteria under 32 P. S. § 131 shall be met:

(1) The value of the land acquired by the Department shall be equal to or greater than the value of the land conveyed.

(2) The land acquired shall be at least equally adapted for State Forest purposes.

(c) In carrying out the powers granted by law, § 25.2 (relating to policy) applies to the exchange of State Forest land, or the transfer of State Forest land to other Commonwealth departments or agencies, except that the policy will not apply to minor exchanges for the purpose of adjusting boundaries and Memoranda of Understanding involving less than 1 acre.

History

Source: The provisions of this Chapter 25 adopted May 1, 1992, effective May 2, 1992, 22 Pa. B. 2356; renumbered from 25 Pa. Code Chapter 18, June 7, 1996, effective June 8, 1996, 26 Pa.B. 2707, unless otherwise noted. Immediately preceding text appears at serial pages (169957) to (169958).

17 Pa. Code § 25.2 Policy.

(a) A transfer or exchange of State Forest land will result in a clear long-term benefit to the State Forest system.

(b) A proposed transfer or exchange shall be judged in the context of relevant State Forest resource plans.

(d) A proposed transfer or exchange will be advertised in the Pennsylvania Bulletin and local newspapers in the area of the State Forest at least 60 days before the transfer or exchange is scheduled to take place. This advertisement will indicate the proposed parcels to be exchanged or transferred, a summary of environmental reviews, the townships in which the parcels are located, a description of the comment process and a contact person for information.

(e) There will be a public comment period of at least 30 days. If a significant public concern develops during the comment period, the Secretary will schedule a public information meeting. Oral and written comments will become part of the official document used in the final decision process.

This section cited in 17 Pa. Code § 25.2 (relating to background).

History

Source: The provisions of this Chapter 25 adopted May 1, 1992, effective May 2, 1992, 22 Pa. B. 2356; renumbered from 25 Pa. Code Chapter 18, June 7, 1996, effective June 8, 1996, 26 Pa.B. 2707, unless otherwise noted. Immediately preceding text appears at serial pages (169957) to (169958).

Chapter 27 State Forest Natural Areas—Statement of Policy

17 Pa. Code § 27.1 Background.

(a) The Department has long recognized the value and need for setting aside unusual or interesting areas of Commonwealth forest land. In 1921, certain areas were set aside as Forest Monuments. In December of 1970, the State Forest Commission changed the name State Forest Monuments to State Forest Natural Areas and created a new class of Commonwealth forest land called Wild Areas. The Commission defined each class, established guidelines to govern the administration of each, and then approved the designation and setting aside of 13 Natural Areas and one Wild Area.

(b) To establish official policy for designating State forest areas as Natural Areas or Wild Areas, or removing these areas from designation, the Department has adopted the procedure set forth in § 27.5 (relating to procedure).

The provisions of this § 27.1 adopted April 4, 1975, effective April 5, 1975, 5 Pa.B. 721; amended December 4, 1992, effective December 5, 1992, 22 Pa.B. 5784. Immediately preceding text appears at serial page (145092).

History

Source: The provisions of this § 27.5 adopted December 4, 1992, effective December 5, 1992, 22 Pa.B. 5784.

17 Pa. Code § 27.2 Objectives.

(a) The 13 designated Natural Areas and one Wild Area have been established and managed according to the guidelines in the Commission Resolution. The Department recognized the need for additional natural areas and wild areas and incorporated the following objectives into the Forest Resource Plan which coordinates all resource activities on State Forest land:

(1) Protect areas of scenic, historic, geologic or ecological significance through the establishment of Natural Areas which will remain in an undisturbed state, with development and maintenance being limited to that required for health and safety.

(2) Set aside certain areas of land to be known as Wild Areas where development or disturbance of permanent nature will be prohibited, thereby preserving the wild character of the area.

(b) During the inventory phase of the Forest Resource Plan, all unique or unusual biologic, geologic, scenic and historic areas were considered and studied for possible natural area designation. In addition to the ‘‘unique’’ or ‘‘unusual,’’ representative examples of all major forest types occurring in this Commonwealth were also included in the proposed natural area system. Natural area status was considered advisable whenever other resource development would have an adverse effect on the future utility or value of the area.

(c) Like potential Natural Areas, potential Wild Areas were also located during the inventory process of the Forest Resource Plan. To be considered, an area had to be: 3,000 acres or larger; relatively free of man-made developments such as roads, rights-of-ways, pipelines, powerlines, campsite leases; mineral ownership in this Commonwealth; and possessing high scenic values.

The provisions of this § 27.2 adopted April 4, 1975, effective April 5, 1975, 5 Pa.B. 721.

History

Source: The provisions of this § 27.5 adopted December 4, 1992, effective December 5, 1992, 22 Pa.B. 5784.

17 Pa. Code § 27.3 Natural area definition and guidelines.

(a) A Natural Area is defined as an area of unique scenic, historic, geologic or ecological value and of sufficient size and character so as to allow its maintenance in a natural condition by the operation of physical and biological processes, usually without direct human intervention. These areas are set aside to provide locations for scientific observation of natural systems, to protect outstanding examples of natural interest and beauty.

(b) The guidelines governing the administration of Natural Areas are as follows:

(1) Human habitation will not be permitted, except that primitive type, backpack camping may be permitted in designated areas only.

(2) Access for all but essential administrative activities will be restricted to foot trails.

(3) Buildings and other improvements will be restricted to the minimum required for public health, safety and interpretative aids.

(4) Timber harvesting will not be permitted except as may be required for maintenance of the public safety.

(5) Rights-of-way, leases and mineral development will be prohibited; provided, however, that subsurface oil and gas rights may be leased where no surface use or disturbance of any kind will take place on the Natural Area.

The provisions of this § 27.3 adopted April 4, 1975, effective April 5, 1975, 5 Pa.B. 721; amended November 9, 1979, effective November 10, 1979, 9 Pa.B. 3746. Immediately preceding text appears at serial page (26453).

History

Source: The provisions of this § 27.5 adopted December 4, 1992, effective December 5, 1992, 22 Pa.B. 5784.

17 Pa. Code § 27.4 Wild area definition and guidelines.

(a) A Wild Area is defined as an extensive area which the general public will be permitted to see, use and enjoy for such activities as hiking, hunting, fishing and the pursuit of peace and solitude. Development of a permanent nature will not be permitted so as to retain the undeveloped character of the area.

(b) These areas will be administered according to the principles of forest protection and management applied to Department-managed lands with the following restrictions:

(1) Campsite leases will be prohibited.

(2) A new public access road will not be constructed. Existing roads will remain open only where there is a public need. All motorized conveyances or vehicles will be prohibited with the exception of licensed vehicles which may be operated only on open public roads.

(3) Forest trail use will be restricted to hiking, horseback riding and bicycling.

(4) Buildings and other improvements will be restricted to the minimum required for public health, safety and interpretative aids.

(6) Overnight camping will be limited to the backpack primitive type.

The provisions of this § 27.4 adopted April 4, 1975, effective April 5, 1975, 5 Pa.B. 721; amended November 9, 1979, effective November 10, 1979, 9 Pa.B. 3746. Immediately preceding text appears at serial page (26453).

History

Source: The provisions of this § 27.5 adopted December 4, 1992, effective December 5, 1992, 22 Pa.B. 5784.

17 Pa. Code § 27.5 Procedure.

(a) Recommendations for designation, or removal from designation, of areas as Natural Areas or Wild Areas should be submitted to the State Forester accompanied by a map and a complete description of the character of the recommended area. Recommendations for areas to be removed from designation should be accompanied by a statement explaining that the criteria originally meriting designation no longer exist, or other substantial justification for removal.

(b) The State Forester, upon receipt of a recommendation proposing an area for designation, will review the proposal and determine whether the area meets the criteria for Natural Area or Wild Area designation as approved by the Department. Recommendations for areas proposed for removal from designation shall be reviewed to determine the appropriateness and impact of the removal.

(c) Upon a determination by the State Forester that areas proposed for designation meet the criteria for Natural Areas or Wild Areas respectively, the State Forester shall recommend designation of the proposed areas to the Deputy Secretary for Parks and Forestry and the Secretary.

(d) A notice of areas proposed for designation as Natural Areas or Wild Areas will be published in the Pennsylvania Bulletin. This notice will include the name of the area proposed for designation, number of acres, State forest, location and features qualifying the area for designation. There will be a public comment period of at least 30 days. If significant public concerns are raised during the comment period, the Secretary may schedule one or more public meetings. Following the public comment period and public meetings, the Secretary may direct that the proposed areas be designated as Natural Areas or Wild Areas. The Secretary’s decision will be final and the designation will be effective upon publication in the Pennsylvania Bulletin.

(e) A notice of areas proposed for removal from designation as Natural Areas or Wild Areas will also be published in the Pennsylvania Bulletin. This notice will include the name of the area proposed for removal, number of acres, State forest, location and justification for removal from designation. There will be a public comment period of at least 30 days. If requested in writing during the public comment period, the Department may schedule a public meeting. If no significant objection to the removal is made either during the public comment period or at the public meeting, the Secretary may direct that the proposed areas be removed from designation as Natural Areas or Wild Areas. The Secretary’s decision will be final and the removal will be effective upon publication in the Pennsylvania Bulletin.

The provisions of this § 27.5 adopted December 4, 1992, effective December 5, 1992, 22 Pa.B. 5784.

This section cited in 17 Pa. Code § 27.1 (relating to background).

History

Source: The provisions of this § 27.5 adopted December 4, 1992, effective December 5, 1992, 22 Pa.B. 5784.

Chapter 29 Campsites—Statement of Policy

17 Pa. Code § 29.1 Proposed policy.

The Bureaus of Forestry and State Parks will not grant leases for sites not presently occupied.

The provisions of this § 29.1 adopted June 28, 1974, effective June 29, 1974, 4 Pa.B. 1325.

History

Source: The provisions of this § 29.4 adopted June 28, 1974, effective June 29, 1974, 4 Pa.B. 1325.

17 Pa. Code § 29.2 Justification.

(a) The objectives of the Bureau of Forestry in managing State Forests are to provide the citizens of the Commonwealth with wood products, water supplies, minerals, recreation and general enhancement of the quality of life. Obviously, there are certain limitations in managing the State Forests for a number of products and uses in that the effect of each on the other must be evaluated in an attempt to determine the greatest overall benefit.

(b) The objective of the Bureau of State Parks is to promote and provide healthful outdoor recreation and environmental education to the citizens and guests of the Commonwealth.

The provisions of this § 29.2 adopted June 28, 1974, effective June 29, 1974, 4 Pa.B. 1325.

History

Source: The provisions of this § 29.4 adopted June 28, 1974, effective June 29, 1974, 4 Pa.B. 1325.

17 Pa. Code § 29.3 Recreation purpose.

(a) Forms of recreation for which State Forests and State Parks are being used include family camping, swimming, environmental education, fishing, hunting, pleasure driving, hiking, backpack camping, snowmobiling, ski touring, trail bike riding, nature study, horseback riding, trapping, boating and picnicking. It is extremely difficult to evaluate the benefits derived by the population as a whole from any one recreational use, partly because most can and do overlap each other. However, most of the camp site cabins are used as a base to pursue other recreational activities.

(b) The present and potential demand for the vacation home sites may not be met by using State Forests or State Parks or both for this purpose.

(c) There is presently unsatisfied demand for other low-density recreational facilities such as various types of trails, vistas, environmental study areas and habitat improvement projects for game and nongame species of wildlife. The limited funds available for administering State Parks and State Forests should be used to provide the greatest possible recreational opportunities to the general public. For the effort expended, expanding the camp site program would yield less benefit to the general public than providing other low-density recreational facilities. In addition, vacation home sites are available on privately-owned land, often near to State Parks and State Forests.

The provisions of this § 29.3 adopted June 28, 1974, effective June 29, 1974, 4 Pa.B. 1325.

History

Source: The provisions of this § 29.4 adopted June 28, 1974, effective June 29, 1974, 4 Pa.B. 1325.

17 Pa. Code § 29.4 Summary.

In summary, the goal of this subchapter is to cease expansion of the leased camp site program and to have the areas of the State Forests and State Parks unoccupied by camp sites available for appropriate low-density recreation and other resource management activities.

The provisions of this § 29.4 adopted June 28, 1974, effective June 29, 1974, 4 Pa.B. 1325.

History

Source: The provisions of this § 29.4 adopted June 28, 1974, effective June 29, 1974, 4 Pa.B. 1325.

Subpart D Resource Conservation

Chapter 41 Rivers Conservation—Statement of Policy

17 Pa. Code § 41.1 Eligibility for inclusion in State Scenic River System.

(a) In evaluating a river for possible inclusion in the State Scenic River System, or in determining its classification, the river and its immediate land area will be considered as a unit with primary emphasis upon the quality of the experience and overall impressions of the recreationist using the river or the adjacent riverbank. Although the river and its environment may reflect some, or substantial, evidence of man’s activity, they should be generally pleasing to the eye.

(b) In order to be eligible for inclusion in the State Scenic River System the following conditions shall be met:

(1) A river and its environment shall possess one or more of the following values:

(i) Outstandingly remarkable wild features having minimal perceptible human influence.

(ii) Outstandingly remarkable scenic example of the grandeur of our river heritage.

(iii) Outstandingly remarkable recreational value particularly suitable for widest range of outdoor recreation or superlative for specific activities.

(iv) Outstandingly remarkable geological features significantly illustrating geologic processes.

(v) Outstandingly remarkable for the quality of its fishery, wildlife and/or vegetative cover by reason of the existing resource value or its potential.

(vi) Outstandingly remarkable historical value from events associated with the river or its environs.

(vii) Outstandingly remarkable cultural value by reason of the influence of the river on local-regional-State traditions.

(viii) Outstandingly remarkable scientific value by containing evidence that illustrates important scientific discoveries.

(2) To be included, a river shall meet State W & S River classification criteria. A river with poor quality, that is, below State water quality standards, shall be capable of improvement to acceptable State standards for consideration in the State River System. Wild, Scenic, Pastoral, Recreational or Modified Recreational rivers can be considered for future inclusion in the State Water Plan if improvement potential is evident.

The provisions of this § 41.1 adopted May 31, 1974, effective June 1, 1974, 4 Pa.B. 1104; amended August 13, 1982, effective August 14, 1982, 12 Pa.B. 2683; renumbered from 25 Pa. Code § 11.1, June 7, 1996, effective June 8, 1996, 26 Pa.B. 2707. Immediately preceding text appears at serial pages (169951) to (169952).

History

Authority: The provisions of this Chapter 41 issued under section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20); and the Pennsylvania Scenic Rivers Act (32 P. S. § § 820.22—820.29), unless otherwise noted.
Source: The provisions of this § 41.4 adopted May 31, 1974, effective June 1, 1974, 4 Pa.B. 1104; amended August 13, 1982, effective August 14, 1982, 12 Pa.B. 2683; renumbered from 25 Pa. Code § 11.4, June 7, 1996, effective June 8, 1996, 26 Pa.B. 2707. Immediately preceding text appears at serial pages (145087) to (145090).

17 Pa. Code § 41.2 Program interpretation Pennsylvania Wild and Scenic River System.

(a) In the context of the Declaration of Policy, Definition and River Classifications found in sections 2—4 of the Pennsylvania Scenic Rivers Act (32 P. S. § § 820.22—820.24), the following is furnished as an initial program interpretation for the involved State and local government agencies and citizens interested in the screening process.

(b) The following statements, although specifically representative of the indicated river classifications, are also, to varying degrees, interapplicable among those classifications:

(1) Wild, scenic and pastoral river classifications. Wild, scenic and pastoral river classifications will conform to the following:

(i) The Commonwealth, through the Department, desires to conserve and enhance, for the public aesthetic-recreational enjoyment, those river segments that remain as the most truly representative of its natural river heritage. Of primary importance is the preservation of the feeling of freedom that the wilderness, or rural, or river expanse imparts. The significance of such segments in social, scientific and educational value as a comparative frame of reference for present and future generations is beyond measure.

(ii) Adequate management capability is essential to keep these unique and relatively free-flowing, good-quality waters, their visible predominately wild-pastoral shorelines, and indigenous flora and fauna in the same, or an improved, condition for future generations. Fulfilling the mandate section 2 of the Pennsylvania Scenic Rivers Act should benefit social, economic, cultural and environmental conditions and generate greater citizen interest in the river heritage of this Commonwealth. It is essential that the study report of each segment, recommendations, and nomination to the Governor and General Assembly delineate those population sectors that benefit or are adversely affected and define appropriate restraints and incentives for each. Indepth research of the involved resources present and potential capabilities are particularly important.

(2) Recreation and modified recreation river classifications. Recreation and modified recreation river classifications shall conform with the following:

(i) It is intended to develop a more coordinated utilization of those river segments that best portray outstanding aesthetic-recreational values and that are ideally suited for active or intensive recreational uses. The utilization shall, however, be maintained within the restraints imposed by the resource capability to adequately support use without degradation. The segments could combine interesting intermixtures of forests, fields and other human modifications, that notwithstanding their marked human influences, still blend into a pleasant readily accessible river-landscape of high visitor interest.

(ii) These segments will serve ever-growing numbers of users. Particularly those suitable segments that are located within or adjacent to the urban areas will be subject to extensive use. A continuing energy problem will undoubtedly give added impetus to the growth and will possibly dictate extensive and sooner than anticipated government involvement with these specific segment designations.

The provisions of this § 41.2 adopted May 31, 1974, effective June 1, 1974, 4 Pa.B. 1104; amended August 13, 1982, effective August 14, 1982, 12 Pa.B. 2683; renumbered from 25 Pa. Code § 11.2, June 7, 1996, effective June 8, 1996, 26 Pa.B. 2707. Immediately preceding text appears at serial pages (169952) and (145085) to (145086).

History

Authority: The provisions of this Chapter 41 issued under section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20); and the Pennsylvania Scenic Rivers Act (32 P. S. § § 820.22—820.29), unless otherwise noted.
Source: The provisions of this § 41.4 adopted May 31, 1974, effective June 1, 1974, 4 Pa.B. 1104; amended August 13, 1982, effective August 14, 1982, 12 Pa.B. 2683; renumbered from 25 Pa. Code § 11.4, June 7, 1996, effective June 8, 1996, 26 Pa.B. 2707. Immediately preceding text appears at serial pages (145087) to (145090).

17 Pa. Code § 41.3 Classification of recommended rivers.

(a) If a river or river unit is eligible for inclusion in the State Scenic Rivers System, it will be classified, designated and administered as one or more of the following:

(1) Wild river areas.

(2) Scenic river areas.

(3) Pastoral river areas.

(4) Recreational rivers.

(5) Modified recreational rivers.

(b) Although a designated river or river unit frequently will have more than one classified area, each wild, scenic, pastoral, recreational or modified recreational area must be long enough to provide a meaningful experience. The number of different classified areas within a unit should be kept to a minimum.

(c) The criteria in § 41.4 (relating to classification criteria) are not absolutes, nor can they readily be defined quantitatively. In a given river, a departure from these standards might be more than compensated for by other qualities. However, if several exceptions are necessary in order for a river to be classified as wild, it probably should be classified as scenic; if several exceptions are necessary in order for a river to be classified as scenic, it probably should be classified as pastoral; if several exceptions are necessary in order for a river to be classified as pastoral, it probably should be classified as recreational; if several exceptions are necessary in order for a river to be classified as recreational, it probably should be classified as modified recreational.

The provisions of this § 41.3 adopted May 31, 1974, effective June 1, 1974, 4 Pa.B. 1104; amended August 13, 1982, effective August 14, 1982, 12 Pa.B. 2683; renumbered from 25 Pa. Code § 11.3, June 7, 1996, effective June 8, 1996, 26 Pa.B. 2707. Immediately preceding text appears at serial page (145086).

History

Authority: The provisions of this Chapter 41 issued under section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20); and the Pennsylvania Scenic Rivers Act (32 P. S. § § 820.22—820.29), unless otherwise noted.
Source: The provisions of this § 41.4 adopted May 31, 1974, effective June 1, 1974, 4 Pa.B. 1104; amended August 13, 1982, effective August 14, 1982, 12 Pa.B. 2683; renumbered from 25 Pa. Code § 11.4, June 7, 1996, effective June 8, 1996, 26 Pa.B. 2707. Immediately preceding text appears at serial pages (145087) to (145090).

17 Pa. Code § 41.4 Classification criteria.

(a) Water volume. A river preferably should have sufficient volume of water during normal years to permit, during the recreation season, full enjoyment of water-related outdoor recreational activities generally associated with comparable rivers. Flow augmentation is acceptable if water volume is inadequate for boating and additional water supply can be provided reasonably and economically without diminishing the scenic, recreation, fish and wildlife, or other values of the segment.

(b) Length. A river or river segment should be long enough to provide a rewarding recreational experience. Generally, in urban areas, any segment included in the river system should be at least 5 miles long. In outer urban areas, a segment should be at least 15 miles long. Rural areas should include river segments at least 25 miles in length. For either urban, outer-urban, or rural segments, a shorter stretch that possesses most of the desired outstanding qualifications and values may be considered for inclusion in the system.

(c) Wild classifications. Wild rivers provide free-flowing water that supports water-based recreation and fish and wildlife native to the segment. The shorelines visible from the river or its edge present a pleasing pristine view. Segment access is by foot or nonpowered watercraft or both.

(1) Impoundments. Free-flowing, low dams, diversion works or other structures are not permitted. Future construction within the segment will be restricted. Upstream impoundment construction shall be contingent on environmental or other adverse impacts.

(2) Water quality. Water quality shall be capable of meeting minimum criteria for desired types of recreational use, especially primary contact recreation, except where the criteria would be exceeded by natural background conditions. In addition, the water presently shall be capable of supporting the propagation of aquatic life, including fish which normally would be adapted to the habitat of the stream under the most desirable natural quality conditions.

(3) Development. Shorelines are free of habitation and other substantial evidence of man’s intrusion, including waterway modification with a direct and adverse effect on values. Watershed is natural-like in appearance. A limited amount of livestock grazing and hay production, and one or two inconspicuous dwellings are permitted. All conservation methods employed shall be in keeping with the river environment.

(4) Accessibility. Generally inaccessible by road. No roads or other provisions from overland motorized travel are permitted within a narrow incised river valley, or if the river valley is broad, within 1/4 mile of, and parallel to, the river bank for a distance of about one mile. The presence, however, of one or two inconspicuous roads leading to the river area is permissible.

(d) Scenic classification. Scenic rivers contain free-flowing water that can be or is being restored to support water-based recreation and fish and aquatic life. The view from the river or its banks is a pleasant intermixture that is still predominately wild, but contains some pastoral countryside. The segment is accessible intermittently by roads.

(1) Impoundments. Free-flowing stream low dams, diversion works or other structures are not permitted. Future construction within the segment is restricted. Upstream impoundment construction may be contingent on adverse impacts.

(2) Water quality. Water quality should be capable of meeting minimum criteria for desired types of recreation, except where the criteria would be exceeded by natural background conditions. In addition, the water should be capable of supporting propagation of aquatic life normally adapted to habitat of the stream or is capable of, and is, being restored to that quality.

(3) Development. Shorelines or watersheds largely primitive. Shorelines still present an overall natural character, but some agricultural land and a modest amount of waterway modification permitted. Some communities or any concentration of habitation must be limited to relatively short stretches. Watersheds with a minimum of easily discernible development. Row crops, timber harvest and other resource use permitted if accomplished without a substantially adverse effect on natural-like appearance.

(4) Accessibility. Accessible by roads, which may occasionally bridge river area. Short stretches of conspicuous or longer stretches of inconspicuous and well-screened roads or railroads paralleling the river area may be permitted.

(e) Pastoral classification. Pastoral rivers shall be free-flowing, except for historic or restored mill dams, and capable of or under restoration to supporting water-based recreation, fish and aquatic life. The view from the river or its bank shall be predominately pastoral or farming countryside. The segment may be intermittently accessible by roads.

(1) Impoundments. Water shall be free-flowing except for historic or restored mill dams. Diversions or withdrawals may exist to support agricultural activities such as agricultural ponds. Upstream impoundment construction shall be contingent on adverse impacts. Future construction within the segment is restricted.

(2) Water quality. Water quality should be capable of meeting minimum criteria for desired types of recreation except where the criteria would be exceeded by natural background conditions. In addition, the water should be capable of supporting propagation of aquatic life normally adapted to the stream habitat or in the process of being restored to that quality.

(3) Development. Shorelines or watersheds may support a full range of farm or farm-related activities. Small communities or any concentration of habitation should be limited to relatively short stretches. Manmade development, timber harvest, and other resource uses are permitted if accomplished without substantial adverse effects on the pastoral appearance.

(4) Accessibility. Water may be accessible by roads, which may occasionally bridge the water. Short stretches of conspicuous or longer stretches of inconspicuous roads or railroads paralleling the waterway may be permitted.

(f) Recreation classification. Recreational rivers provide interesting combinations of free-flowing with relatively short stretches of impounded water that can or are being restored to sustain suitable recreation and aquatic and fish-life. The visible shorelines, with considerable human modification, still blend into a pleasant readily accessible river landscape.

(1) Impoundments. Water should essentially not have characteristics of an impoundment for any significant distance, if an impoundment is present. Future construction within the segment restricted.

(2) Water quality. Water quality should be capable of meeting minimum criteria for desired types of recreation, except where such criteria would be exceeded by natural background conditions. In addition, the water should be capable of supporting propagation of aquatic life normally adapted to habitat of the stream or is capable of and is being restored to that quality.

(3) Development. Shorelines may be extensively developed. Lands may be developed for the full range of agricultural uses and could include small communities as well as dispersed or cluster residential developments.

(4) Accessibility. Readily accessible, with likelihood of paralleling roads or railroads along river banks, possibility of several bridge crossings and numerous river access points.

(g) Modified recreation classification. Modified recreational rivers offer calm water that can or is being restored to support appropriate water-based recreation and aquatic and fish-life. Visible shoreline development may be extensive provided it does not inhibit public use or detract from their enjoyment of the river.

(1) Impoundments. Water may have characteristics of an impoundment. Flow may be regulated by upstream control devices. Low dams are permitted if river remains in full-bank width during period of normal flow.

(2) Water quality. Water quality should be capable of meeting minimum criteria for desired types of recreation, except where the criteria could be exceeded by natural background conditions. In addition, the water should be capable of supporting propagation of aquatic life normally adapted to habitat of the stream or be capable of and being restored to that quality.

(4) Accessibility. Readily accessible with likelihood of paralleling roads or railroads along river banks, possibility of several bridge crossings and numerous river access points.

The provisions of this § 41.4 adopted May 31, 1974, effective June 1, 1974, 4 Pa.B. 1104; amended August 13, 1982, effective August 14, 1982, 12 Pa.B. 2683; renumbered from 25 Pa. Code § 11.4, June 7, 1996, effective June 8, 1996, 26 Pa.B. 2707. Immediately preceding text appears at serial pages (145087) to (145090).

This section cited in 17 Pa. Code § 41.3 (relating to classification of recommended rivers).

History

Authority: The provisions of this Chapter 41 issued under section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20); and the Pennsylvania Scenic Rivers Act (32 P. S. § § 820.22—820.29), unless otherwise noted.
Source: The provisions of this § 41.4 adopted May 31, 1974, effective June 1, 1974, 4 Pa.B. 1104; amended August 13, 1982, effective August 14, 1982, 12 Pa.B. 2683; renumbered from 25 Pa. Code § 11.4, June 7, 1996, effective June 8, 1996, 26 Pa.B. 2707. Immediately preceding text appears at serial pages (145087) to (145090).

Chapter 43 Prevention of Railroad-Caused Forest Fires

17 Pa. Code § 43.1 Technical specifications and requirements for spark arrestors.

When locomotives are operating through forest lands in the Commonwealth between March 1 and November 15 of each year they shall be equipped with spark arrestors of the following efficiency standards:

(1) Spark arrestors shall be at least 80% efficient in the retention or destruction of carbon particles .023 inches in diameter and larger for 30-100% of the locomotive engine’s exhaust flow rate. The total manifold exhaust leg back pressure may not exceed 3 1/2 inches of mercury.

(2) Each spark arrestor model shall have certification that it meets the requirements of the Association of American Railroads and documentation from the United States Forest Service that the spark arrestor model has been tested and approved for use. This certification and documentation will be provided to the Bureau of Forestry before the arrestor model is installed. Turbo-charged locomotives properly equipped and maintained are not included within this regulation.

This section cited in 17 Pa. Code § 43.3 (relating to installation schedule).

History

Authority: The provisions of this Chapter 43 issued under act of June 3, 1915 (P. L. 797, No. 353) (32 P. S. § 251); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20), unless otherwise noted.
Source: The provisions of this Chapter 43 adopted January 25, 1974, 4 Pa.B. 130; renumbered from 25 Pa. Code Chapter 81, June 7, 1996, effective June 8, 1996, 26 Pa.B. 2707, unless otherwise noted. Immediately preceding text appears at serial pages (123441) to (123442).

17 Pa. Code § 43.2 Maintenance.

Spark arrestors shall be properly maintained.

History

Authority: The provisions of this Chapter 43 issued under act of June 3, 1915 (P. L. 797, No. 353) (32 P. S. § 251); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20), unless otherwise noted.
Source: The provisions of this Chapter 43 adopted January 25, 1974, 4 Pa.B. 130; renumbered from 25 Pa. Code Chapter 81, June 7, 1996, effective June 8, 1996, 26 Pa.B. 2707, unless otherwise noted. Immediately preceding text appears at serial pages (123441) to (123442).

17 Pa. Code § 43.3 Installation schedule.

(a) A railroad is in compliance with the provisions of § 43.1 (relating to technical specifications and requirements for spark arrestors) if, by September 1, 1974, it has at least 1/3 of its affected locomotives equipped with United States Forest Service tested and approved spark arrestors as hereinabove provided, and if by September 1, 1975, an additional 1/3 of its affected locomotives shall be so equipped, and if by September 1, 1976, the remainder of its affected locomotives shall be so equipped. As used in this chapter, ‘‘affected locomotives’’ refers to the balance of locomotives not already in compliance with the provisions of § 43.1 on the date of the within Commission order.

(b) Each railroad shall notify the Pennsylvania Public Utility Commission and the Department, Bureau of Forestry, of the date that each of its locomotives come into compliance with the foregoing regulation. The notification shall state the serial number or other identification of the locomotive.

History

Authority: The provisions of this Chapter 43 issued under act of June 3, 1915 (P. L. 797, No. 353) (32 P. S. § 251); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20), unless otherwise noted.
Source: The provisions of this Chapter 43 adopted January 25, 1974, 4 Pa.B. 130; renumbered from 25 Pa. Code Chapter 81, June 7, 1996, effective June 8, 1996, 26 Pa.B. 2707, unless otherwise noted. Immediately preceding text appears at serial pages (123441) to (123442).

Chapter 44 Conservation Areas

17 Pa. Code § 44.1 Defined.

A conservation area is a designation for land that has been donated to the Department and managed by the Department for the purposes of:

(1) Preserving open space.

(2) Conserving natural resources.

(3) Providing an opportunity for passive, nonmotorized, low-density outdoor recreation and environmental education activities.

This section cited in 17 Pa. Code § 11.201 (relating to definitions).

History

Source: The provisions of this Chapter 44 adopted February 2, 2001, effective February 3, 2001, 31 Pa.B. 650, unless otherwise noted.

17 Pa. Code § 44.2 Designation.

(a) Offers of land donations to the Department will be reviewed by a Department team to determine acceptance and assignment to either the Bureau of State Parks or the Bureau of Forestry. The team will consider characteristics of the land under § 44.3 (relating to consideration of land for designation), costs of management of the land, benefits to the Department and benefits to the public.

(b) Depending on the designation at the time of acquisition, a conservation area will be considered as either a State park or a State forest for the purpose of applicability of statutes and regulations.

(c) To provide the donor with an opportunity to participate in conservation efforts, the Department may accept restrictive covenants in the deed of conveyance.

(d) Designation as a conservation area will be made by letter to the donor accepting the gift. The letter will be signed by the Secretary. It will describe a purpose, characteristic or feature of the land upon which the designation of conservation area is based.

History

Source: The provisions of this Chapter 44 adopted February 2, 2001, effective February 3, 2001, 31 Pa.B. 650, unless otherwise noted.

17 Pa. Code § 44.3 Consideration of land for designation.

The Department will conduct a judicious review of a potential donation of land for possible designation as a conservation area. The review will include, but not be limited to, the following considerations:

(1) Large, significant, contiguous acreage is generally a desirable characteristic. Small areas of land with special or unique features may also be desirable.

(2) Land that is close to urban areas will be actively considered.

(3) The following factors will be evaluated:

(i) The accessibility of the land to the public.

(ii) The suitability of the land for passive low-density recreation.

(iii) The existence or potential for development of unusual or significant natural features.

(iv) The extent to which the land has been developed.

(v) The appropriateness of assimilating the land into an existing State park or State forest classification.

(vi) The existence of an unfulfilled public recreational need in the area.

(vii) The need for outdoor classrooms in the area.

(viii) The appropriateness of receipt of the property by a local community or conservation organization.

(4) Lands with significant environmental liability will not be accepted for designation as conservation areas.

This section cited in 17 Pa. Code § 44.2 (relating to designation).

History

Source: The provisions of this Chapter 44 adopted February 2, 2001, effective February 3, 2001, 31 Pa.B. 650, unless otherwise noted.

17 Pa. Code § 44.4 Management.

(a) Conservation areas will be actively managed to protect natural resources.

(b) The following are examples of possible uses of conservation areas:

(1) Protection of habitats of species of special concern.

(2) Protection of types of resources and land forms that have been diminished by developmental sprawl, such as large tracts of wetlands, vernal ponds and unfragmented forests.

(3) Protection of flora and fauna on large tracts of open space near urban areas.

(4) Protection of viable ecosystems.

(5) Outdoor classrooms for schools and environmental education and interpretation programs.

(6) Research areas for scientists.

(7) Experimental resource management laboratories for demonstrating techniques to enhance natural diversity, maintain early successional seres or control invasive species.

(8) Demonstration areas for forest management practices.

(9) Management of old growth forests.

(c) Conservation areas will be open to the public. Recreational facilities and activities will be limited to passive, nonmotorized, low-density uses such as hiking, bird watching, fishing and hunting.

History

Source: The provisions of this Chapter 44 adopted February 2, 2001, effective February 3, 2001, 31 Pa.B. 650, unless otherwise noted.

Chapter 47 Drilling Water Wells

17 Pa. Code § 47.1 License required.

(a) All water well drillers, as defined in act of May 29, 1956 (P. L. 1840) (32 P. S. § § 645.1—645.13), shall be licensed. Farmers and other persons drilling at their own residence are not required to obtain a license.

(b) Employes of licensed water well drillers, drilling wells within the scope of their employment, do not need individual licenses. It is the contractor who shall be licensed.

History

Authority: The provisions of this Chapter 47 issued under section 12 of the act of May 29, 1956 (P. L. 1840, No. 610) Water Well Drillers License Act(32 P. S. § 645.12), unless otherwise noted.
Source: The provisions of this § 47.3 amended August 19, 1983, effective July 1, 1981, 13 Pa.B. 2549. Immediately preceding text appears at serial page (4599).

17 Pa. Code § 47.2 Rig permit.

(a) The operator of the drilling rig shall have the rig permit in his possession at all times while the rig is in operation.

(b) Each rig shall be assigned a permanent number. The contractor shall have the permit number painted in a conspicuous place on the drilling rig in characters at least 2 inches high.

History

Authority: The provisions of this Chapter 47 issued under section 12 of the act of May 29, 1956 (P. L. 1840, No. 610) Water Well Drillers License Act(32 P. S. § 645.12), unless otherwise noted.
Source: The provisions of this § 47.3 amended August 19, 1983, effective July 1, 1981, 13 Pa.B. 2549. Immediately preceding text appears at serial page (4599).

17 Pa. Code § 47.3 Application and fee.

(a) Licenses and rig permits will be issued upon receipt of a properly completed application and proper fee.

(b) A fee of $60 for a water well drilling license and a fee of $20 for each rig permit shall accompany the application. Fees shall be paid by check or money order payable to the ‘‘Commonwealth of Pennsylvania.’’

(c) Applications shall be mailed to the Department of Conservation and Natural Resources, Topographic and Geologic Survey, Water Well Drillers Licensing, Post Office Box 8453, Harrisburg, Pennsylvania 17105-8453.

The provisions of this § 47.3 amended August 19, 1983, effective July 1, 1981, 13 Pa.B. 2549. Immediately preceding text appears at serial page (4599).

History

Authority: The provisions of this Chapter 47 issued under section 12 of the act of May 29, 1956 (P. L. 1840, No. 610) Water Well Drillers License Act(32 P. S. § 645.12), unless otherwise noted.
Source: The provisions of this § 47.3 amended August 19, 1983, effective July 1, 1981, 13 Pa.B. 2549. Immediately preceding text appears at serial page (4599).

17 Pa. Code § 47.4 Displaying license.

The license shall be displayed in the principal place of business of the contractor.

History

Authority: The provisions of this Chapter 47 issued under section 12 of the act of May 29, 1956 (P. L. 1840, No. 610) Water Well Drillers License Act(32 P. S. § 645.12), unless otherwise noted.
Source: The provisions of this § 47.3 amended August 19, 1983, effective July 1, 1981, 13 Pa.B. 2549. Immediately preceding text appears at serial page (4599).

17 Pa. Code § 47.5 Notice of intent to drill.

Within 24 hours of making a contract, written or oral, to drill a well, the driller shall file with the Department of Conservation and Environmental Resources, Topographic & Geological Survey, Post Office Box 8453, Harrisburg, Pennsylvania 17105-8453, a notice of intention to drill which shall contain the information on the Intention to Drill Form. Supplies of the form may be obtained from the Department.

History

Authority: The provisions of this Chapter 47 issued under section 12 of the act of May 29, 1956 (P. L. 1840, No. 610) Water Well Drillers License Act(32 P. S. § 645.12), unless otherwise noted.
Source: The provisions of this § 47.3 amended August 19, 1983, effective July 1, 1981, 13 Pa.B. 2549. Immediately preceding text appears at serial page (4599).

17 Pa. Code § 47.6 Samples.

(a) Upon receipt of notice of intention to drill, the Department may require that samples of cuttings be saved for study by the Department. The Department will inform the driller of this immediately, and will supply containers for the samples.

(b) Under certain circumstances, the Department may wish to make additional inspections and tests on a well, in which case the driller will be so notified by the Department.

History

Authority: The provisions of this Chapter 47 issued under section 12 of the act of May 29, 1956 (P. L. 1840, No. 610) Water Well Drillers License Act(32 P. S. § 645.12), unless otherwise noted.
Source: The provisions of this § 47.3 amended August 19, 1983, effective July 1, 1981, 13 Pa.B. 2549. Immediately preceding text appears at serial page (4599).

17 Pa. Code § 47.7 Well records.

(a) A record of each well shall be kept by the contractor on Form WWI. All pertinent spaces of the form shall be filled in.

(b) The record shall be kept by the licensed driller for at least 10 years. The records shall not be disposed of at any time without express permission of the Department.

(c) A licensed driller desiring to dispose of records prior to the elapse of 10 years shall contact the Department for details of disposition.

(d) Upon completion of each well, the driller shall submit one copy of completed Form WWI to the Department and one copy to the well owner.

History

Authority: The provisions of this Chapter 47 issued under section 12 of the act of May 29, 1956 (P. L. 1840, No. 610) Water Well Drillers License Act(32 P. S. § 645.12), unless otherwise noted.
Source: The provisions of this § 47.3 amended August 19, 1983, effective July 1, 1981, 13 Pa.B. 2549. Immediately preceding text appears at serial page (4599).

17 Pa. Code § 47.8 Abandonment of well.

When a well is to be abandoned, a notice of intent to abandon shall be sent to the Department at least 10 days before the well is sealed or filled.

History

Authority: The provisions of this Chapter 47 issued under section 12 of the act of May 29, 1956 (P. L. 1840, No. 610) Water Well Drillers License Act(32 P. S. § 645.12), unless otherwise noted.
Source: The provisions of this § 47.3 amended August 19, 1983, effective July 1, 1981, 13 Pa.B. 2549. Immediately preceding text appears at serial page (4599).

Subpart E Outdoor Recreation

Chapter 51 Snowmobile and All-Terrain Vehicle Registration and Operation

17 Pa. Code § 51.1 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

ATV—An all-terrain vehicle as defined in section 7702 of the Vehicle Code (relating to definitions).

Dealer—A dealer as defined in section 7702 of the Vehicle Code.

Person—A natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary or other representative and a department, agency or instrumentality of the Commonwealth, or a governmental subdivision of the Commonwealth.

Snowmobile—A snowmobile as defined in section 7702 of the Vehicle Code.

Vehicle Code—Title 75 of the Pennsylvania Consolidated Statutes (relating to vehicles).

History

Authority: The provisions of this Chapter 51 issued under the Snowmobile and All-Terrain Vehicle Law, 75 Pa.C.S. § 7751, unless otherwise noted.
Source: The provisions of this Chapter 51 adopted November 23, 1973, 3 Pa.B. 2726; amended June 20, 1986, effective June 21, 1986, 16 Pa.B. 2213; renumbered from 25 Pa. Code Chapter 195, 26 Pa.B. 2709; amended September 19, 2003, effective September 20, 2003, 33 Pa.B. 4669, unless otherwise noted. Immediately preceding text appears at serial pages (217159) to (217172).

17 Pa. Code § 51.2 Authority.

This chapter is adopted by the Department under section 7704 of the Vehicle Code (relating to rules and regulations) and applies to persons subject to Chapter 77 of the Vehicle Code (relating to snowmobiles and all-terrain vehicles).

History

Authority: The provisions of this Chapter 51 issued under the Snowmobile and All-Terrain Vehicle Law, 75 Pa.C.S. § 7751, unless otherwise noted.
Source: The provisions of this Chapter 51 adopted November 23, 1973, 3 Pa.B. 2726; amended June 20, 1986, effective June 21, 1986, 16 Pa.B. 2213; renumbered from 25 Pa. Code Chapter 195, 26 Pa.B. 2709; amended September 19, 2003, effective September 20, 2003, 33 Pa.B. 4669, unless otherwise noted. Immediately preceding text appears at serial pages (217159) to (217172).

17 Pa. Code § 51.12 Applications for title and registration.

(a) Contents of application. An application for a certificate of title and registration shall include the following on an application form furnished by the Department:

(1) The name, address and county of the residence of owner.

(2) The make, model, year, serial number of the vehicle.

(3) The date of purchase and the purchase price.

(4) A security interest, if applicable.

(5) A designation of whether the vehicle is a snowmobile, Class I ATV or Class II ATV under section 7702 of the Vehicle Code (relating to definitions).

(6) A designation of type of registration under section 7711.1 or section 7711.2 of the Vehicle Code (relating to registration of snowmobile or ATV; and limited registration of snowmobile or ATV).

(7) The amount of Sales Tax due, if any.

(8) The amount of applicable fees under section 7715.2 of the Vehicle Code (relating to fees).

(9) The registration number issued by the dealer, the date issued and the dealer registration number.

(b) Proof of vehicle identification number (VIN); fees. The following shall be included with the completed application submitted to the Department:

(1) Proof acceptable to the Department of the VIN. Acceptable proof includes any of the following:

(i) Manufacturer’s statement of origin.

(ii) Sales receipt.

(iii) A tracing, rubbing or mechanic’s certification of the VIN.

(2) Payment of applicable Sales Tax.

(3) Payment of applicable fees under section 7715.2 of the Vehicle Code.

History

Authority: The provisions of this Chapter 51 issued under the Snowmobile and All-Terrain Vehicle Law, 75 Pa.C.S. § 7751, unless otherwise noted.
Source: The provisions of this Chapter 51 adopted November 23, 1973, 3 Pa.B. 2726; amended June 20, 1986, effective June 21, 1986, 16 Pa.B. 2213; renumbered from 25 Pa. Code Chapter 195, 26 Pa.B. 2709; amended September 19, 2003, effective September 20, 2003, 33 Pa.B. 4669, unless otherwise noted. Immediately preceding text appears at serial pages (217159) to (217172).

17 Pa. Code § 51.13 Display of registration decals, registration plates and expiration stickers.

(a) Snowmobiles.

(1) Registration decals. Two valid registration decals shall be affixed to the snowmobile forward of the handle bars, one on each side of the cowling, or one on the outside of each trailing edge of the windshield.

(2) Expiration stickers. Two valid expiration stickers shall be affixed to the snowmobile, each sticker to the immediate right of a registration decal. This requirement does not apply to snowmobiles with limited registration.

(b) ATVs.

(1) Registration plate. A valid registration plate shall be displayed on the upper half of the rear of the ATV in the following manner:

(i) Securely attached. It is not a violation of this section to attach the plate in such a manner that it can swing.

(ii) So that no part of the plate is in line with a tire.

(iii) So that the information on the plate, including any required stickers, is clearly visible from behind the ATV.

(2) Temporary registration sticker. For ATVs with temporary registration, a valid temporary registration sticker shall be affixed to a lower corner of the registration plate.

(3) Expiration sticker. A valid expiration sticker shall be affixed to a lower corner of the registration plate. This requirement does not apply to ATVs with a valid temporary registration sticker or with limited registration.

History

Authority: The provisions of this Chapter 51 issued under the Snowmobile and All-Terrain Vehicle Law, 75 Pa.C.S. § 7751, unless otherwise noted.
Source: The provisions of this Chapter 51 adopted November 23, 1973, 3 Pa.B. 2726; amended June 20, 1986, effective June 21, 1986, 16 Pa.B. 2213; renumbered from 25 Pa. Code Chapter 195, 26 Pa.B. 2709; amended September 19, 2003, effective September 20, 2003, 33 Pa.B. 4669, unless otherwise noted. Immediately preceding text appears at serial pages (217159) to (217172).

17 Pa. Code § 51.15 Replacement of registration certificates, limited registration certificates, registration decals, registration plates and expiration stickers.

A replacement of a registration certificate, limited registration certificate, registration decal, registration plate or expiration sticker will be issued upon application by the owner on a request for changes/replacements application form furnished by the Department and payment of the fee required under section 7715.2 of the Vehicle Code (relating to fees). cation by the owner on a request for changes/replacements application form furnished by the Department and payment of the fee required under section 7715.2 of the Vehicle Code (relating to fees).

History

Authority: The provisions of this Chapter 51 issued under the Snowmobile and All-Terrain Vehicle Law, 75 Pa.C.S. § 7751, unless otherwise noted.
Source: The provisions of this Chapter 51 adopted November 23, 1973, 3 Pa.B. 2726; amended June 20, 1986, effective June 21, 1986, 16 Pa.B. 2213; renumbered from 25 Pa. Code Chapter 195, 26 Pa.B. 2709; amended September 19, 2003, effective September 20, 2003, 33 Pa.B. 4669, unless otherwise noted. Immediately preceding text appears at serial pages (217159) to (217172).

17 Pa. Code § 51.18 Change of address.

The owner shall notify the Department of a change of address within 15 days.

History

Authority: The provisions of this Chapter 51 issued under the Snowmobile and All-Terrain Vehicle Law, 75 Pa.C.S. § 7751, unless otherwise noted.
Source: The provisions of this Chapter 51 adopted November 23, 1973, 3 Pa.B. 2726; amended June 20, 1986, effective June 21, 1986, 16 Pa.B. 2213; renumbered from 25 Pa. Code Chapter 195, 26 Pa.B. 2709; amended September 19, 2003, effective September 20, 2003, 33 Pa.B. 4669, unless otherwise noted. Immediately preceding text appears at serial pages (217159) to (217172).

17 Pa. Code § 51.19 Snowmobile or ATV owned by United States, another state or political subdivision.

If a snowmobile or ATV is exempt from registration under section 7711.1(f)(2) of the Vehicle Code (relating to registration of snowmobile or ATV) because it is owned and used by the United States or another state or political subdivision, the name of the owner shall be displayed on the cowling or windshield of the snowmobile and in a conspicuous location on the ATV.

History

Authority: The provisions of this Chapter 51 issued under the Snowmobile and All-Terrain Vehicle Law, 75 Pa.C.S. § 7751, unless otherwise noted.
Source: The provisions of this Chapter 51 adopted November 23, 1973, 3 Pa.B. 2726; amended June 20, 1986, effective June 21, 1986, 16 Pa.B. 2213; renumbered from 25 Pa. Code Chapter 195, 26 Pa.B. 2709; amended September 19, 2003, effective September 20, 2003, 33 Pa.B. 4669, unless otherwise noted. Immediately preceding text appears at serial pages (217159) to (217172).

17 Pa. Code § 51.32 Display of registration plates.

Dealer registration plates required under section 7711 of the Vehicle Code (relating to registration of dealers) shall be displayed as follows:

(1) Snowmobile. Two plates shall be displayed on the snowmobile, one on the inside of each trailing edge of the windshield.

(2) ATV. The plate shall be displayed on the upper half of the rear of the ATV in the following manner:

(i) The plate shall be securely attached. It is not a violation of this section to attach the plate so that it can swing.

(ii) So that no part of the plate is in line with a tire.

(iii) So that the information on the plate is clearly visible from behind the ATV.

History

Authority: The provisions of this Chapter 51 issued under the Snowmobile and All-Terrain Vehicle Law, 75 Pa.C.S. § 7751, unless otherwise noted.
Source: The provisions of this Chapter 51 adopted November 23, 1973, 3 Pa.B. 2726; amended June 20, 1986, effective June 21, 1986, 16 Pa.B. 2213; renumbered from 25 Pa. Code Chapter 195, 26 Pa.B. 2709; amended September 19, 2003, effective September 20, 2003, 33 Pa.B. 4669, unless otherwise noted. Immediately preceding text appears at serial pages (217159) to (217172).

17 Pa. Code § 51.35 Sanctions for violations by dealers.

(a) Sanctions. A dealer who has failed to forward documents required by section 7712.2(c) or section 7715.1(a) of the Vehicle Code (relating to transfer to or from dealer; and snowmobile or ATV purchased from dealer) to the Department within 15 days or who has submitted to the Department documents accompanied by uncollectable checks drawn on the account of the dealer, is subject to the following sanctions after receiving written notice and an opportunity for a hearing:

(1) First violation. Suspension of dealer registration until the documents are submitted or checks are paid.

(2) Second violation. Suspension of dealer registration until the documents are submitted or checks are paid, plus 3 months suspension.

(3) Third violation. Suspension of dealer registration until the documents are submitted or checks are paid, plus 6 months suspension.

(4) Fourth and subsequent violation. Revocation of dealer registration.

(b) Second and subsequent violations. Second violations are determined on the basis of a previous violation under this section committed within a 3-year period. Third or subsequent violations are determined on the basis of two or more previous violations committed within a 3-year period.

(c) Multiple violations. In the case of multiple violations considered at one time, the Department may impose separate sanctions for each violation under the schedule in subsection (a). The Department may direct that a suspension imposed be applied concurrently or consecutively.

(d) Revocation. Upon revocation of a dealer’s registration, the dealer will be debarred from applying for a new registration for 1 year.

(e) Effective date of suspension or revocation. A suspension or revocation of dealer registration shall take effect on the date ordered by the Department.

(f) Return of dealer certificate, plates and cards.

(1) Within 3 days of the effective date of a suspension or revocation of dealer registration, a dealer shall return to the Department the registration certificate, the registration plates and the registration cards that had been issued to the dealer by the Department.

(2) A dealer who fails to comply with paragraph (1) is subject to an addition of 3 months to the suspension imposed under subsection (a) or the revocation imposed under subsection (d).

(g) Hearings. The provisions in 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure) apply to hearings under this section.

History

Authority: The provisions of this Chapter 51 issued under the Snowmobile and All-Terrain Vehicle Law, 75 Pa.C.S. § 7751, unless otherwise noted.
Source: The provisions of this Chapter 51 adopted November 23, 1973, 3 Pa.B. 2726; amended June 20, 1986, effective June 21, 1986, 16 Pa.B. 2213; renumbered from 25 Pa. Code Chapter 195, 26 Pa.B. 2709; amended September 19, 2003, effective September 20, 2003, 33 Pa.B. 4669, unless otherwise noted. Immediately preceding text appears at serial pages (217159) to (217172).

17 Pa. Code § 51.45 Fees for additional dealer plates.

The fee for each set of two additional snowmobile dealer plates is $5. The fee for each additional ATV dealer plate is $10.

History

Authority: The provisions of this Chapter 51 issued under the Snowmobile and All-Terrain Vehicle Law, 75 Pa.C.S. § 7751, unless otherwise noted.
Source: The provisions of this Chapter 51 adopted November 23, 1973, 3 Pa.B. 2726; amended June 20, 1986, effective June 21, 1986, 16 Pa.B. 2213; renumbered from 25 Pa. Code Chapter 195, 26 Pa.B. 2709; amended September 19, 2003, effective September 20, 2003, 33 Pa.B. 4669, unless otherwise noted. Immediately preceding text appears at serial pages (217159) to (217172).

17 Pa. Code § 51.51 Safety training.

Safety training required by section 7725 of the Vehicle Code (relating to operation by persons under age sixteen) shall meet the following requirements:

(1) Training shall be conducted by instructors or organizations that have been approved by the Department. An application for approval and a list of approved instructors and organizations may be obtained from the Department’s Bureau of Forestry.

(2) Training shall be based on a curriculum and manual approved by the Department, which include the following: machine nomenclature, control familiarization, machine safety features, operating procedures, snowmobile or ATV laws and regulations, proper clothing, safety equipment, emergency situations, first aid and written tests.

This section cited in 17 Pa. Code § 51.54 (relating to safety certificates).

History

Authority: The provisions of this Chapter 51 issued under the Snowmobile and All-Terrain Vehicle Law, 75 Pa.C.S. § 7751, unless otherwise noted.
Source: The provisions of this Chapter 51 adopted November 23, 1973, 3 Pa.B. 2726; amended June 20, 1986, effective June 21, 1986, 16 Pa.B. 2213; renumbered from 25 Pa. Code Chapter 195, 26 Pa.B. 2709; amended September 19, 2003, effective September 20, 2003, 33 Pa.B. 4669, unless otherwise noted. Immediately preceding text appears at serial pages (217159) to (217172).

17 Pa. Code § 51.54 Safety certificates.

(a) The instructor or organization that conducted the training in accordance with § 51.51 (relating to safety training) shall submit to the Department the name, address and date of birth of each student who successfully completed the training.

(b) The Department will issue a snowmobile or ATV safety certificate to the students whose names were submitted in accordance with subsection (a). Persons under 10 years of age or over 15 years of age are not eligible for a safety certificate.

(c) The Department will honor, in lieu of a safety certificate issued under subsection (b), a safety certificate issued to a child who is a resident of another state or a province of Canada if the certificate was issued or is recognized by the state or province under a program deemed by the Department to be comparable to the Department’s safety training program. The certificate will satisfy the requirements of section 7725 of the Vehicle Code (relating to operation by persons under age sixteen).

History

Authority: The provisions of this Chapter 51 issued under the Snowmobile and All-Terrain Vehicle Law, 75 Pa.C.S. § 7751, unless otherwise noted.
Source: The provisions of this Chapter 51 adopted November 23, 1973, 3 Pa.B. 2726; amended June 20, 1986, effective June 21, 1986, 16 Pa.B. 2213; renumbered from 25 Pa. Code Chapter 195, 26 Pa.B. 2709; amended September 19, 2003, effective September 20, 2003, 33 Pa.B. 4669, unless otherwise noted. Immediately preceding text appears at serial pages (217159) to (217172).

17 Pa. Code § 51.63 Accident reports.

A written report of an accident required by section 7728 of the Vehicle Code (relating to accidents and accident reports) shall contain the following information:

(1) The registration number, make, model and year of each vehicle involved.

(2) The date, time and location of the accident.

(3) The name, address and age of each vehicle operator, passenger and witness.

(4) The training and number of years of driving experience of the snowmobile or ATV operator.

(5) The name and address of the owner of the property where the accident occurred.

(6) A description of the accident.

(7) The weather and ground conditions at the time of the accident.

(8) The name, address and age of any person injured or killed in the accident.

(9) The nature and extent of any injuries.

(10) A description and estimate of damage to property, including vehicles.

History

Authority: The provisions of this Chapter 51 issued under the Snowmobile and All-Terrain Vehicle Law, 75 Pa.C.S. § 7751, unless otherwise noted.
Source: The provisions of this Chapter 51 adopted November 23, 1973, 3 Pa.B. 2726; amended June 20, 1986, effective June 21, 1986, 16 Pa.B. 2213; renumbered from 25 Pa. Code Chapter 195, 26 Pa.B. 2709; amended September 19, 2003, effective September 20, 2003, 33 Pa.B. 4669, unless otherwise noted. Immediately preceding text appears at serial pages (217159) to (217172).

17 Pa. Code § 51.82 Barricades for snowmobile or ATV roads.

Streets and highways posted as exclusive snowmobile or ATV roads under section 7722 of the Vehicle Code (relating to designation of snowmobile and ATV roads) shall be barricaded in the following manner:

(1) At the beginning of the section of the street or highway so posted and at each intersecting street and highway.

(2) With Type III barricades which shall conform to the standards of PennDOT Publication 90, Handbook for Work Area Traffic Control, except as follows:

(i) The barricade rails shall be alternate red and white stripes.

(ii) The entire area of red and white shall be reflectorized with Class I reflective sheeting approved for use in this Commonwealth by the Department of Transportation.

(3) A Department of Transportation approved Type B flasher shall be attached to the top rail of each barricade or a ‘‘ROAD CLOSED AHEAD’’ sign shall be placed in advance of the barricade.

(4) Each barricade will be posted with an official ‘‘SNOWMOBILE ROAD CLOSED TO ALL OTHER VEHICLES’’ or ‘‘ALL-TERRAIN VEHICLE ROAD CLOSED TO ALL OTHER VEHICLES’’ sign.

(5) Signs shall conform to the requirements of 67 Pa. Code Chapter 211 (relating to official traffic control devices).

History

Authority: The provisions of this Chapter 51 issued under the Snowmobile and All-Terrain Vehicle Law, 75 Pa.C.S. § 7751, unless otherwise noted.
Source: The provisions of this Chapter 51 adopted November 23, 1973, 3 Pa.B. 2726; amended June 20, 1986, effective June 21, 1986, 16 Pa.B. 2213; renumbered from 25 Pa. Code Chapter 195, 26 Pa.B. 2709; amended September 19, 2003, effective September 20, 2003, 33 Pa.B. 4669, unless otherwise noted. Immediately preceding text appears at serial pages (217159) to (217172).

17 Pa. Code § 51.83 Posting signs for snowmobile or ATV roads.

(a) A street or highway which has been posted as a snowmobile or ATV road allowing both snowmobiles or ATVs and other vehicular traffic under section 7722 of the Vehicle Code (relating to designation of snowmobile and ATV roads) shall be posted in the following manner:

(1) An official ‘‘SNOWMOBILE ROAD’’ or ‘‘ATV ROAD’’ sign shall be used and shall conform to 67 Pa. Code Chapter 211 (relating to official traffic control devices).

(2) The ‘‘SNOWMOBILE ROAD’’ or ‘‘ATV ROAD’’ sign shall be installed on the right side of the street or highway at the beginning of the posted snowmobile or ATV road and on the right side of the snowmobile or ATV road within 100 feet beyond each intersecting street or highway and at locations thereafter which will afford notice to all users of the road that it is a snowmobile or ATV road.

(3) The ‘‘END’’ plaque shall be used in conjunction with the ‘‘SNOWMOBILE ROAD’’ or ‘‘ATV ROAD’’ sign to indicate the end of a posted snowmobile or ATV road.

(b) On each street and highway intersecting the posted snowmobile or ATV road, an official ‘‘SNOWMOBILE CROSSING’’ or ‘‘ATV CROSSING’’ sign may be installed on each approach of the intersecting street or highway. Signs shall conform to the requirements of 67 Pa. Code Chapter 211. EQUIPMENT

History

Authority: The provisions of this Chapter 51 issued under the Snowmobile and All-Terrain Vehicle Law, 75 Pa.C.S. § 7751, unless otherwise noted.
Source: The provisions of this Chapter 51 adopted November 23, 1973, 3 Pa.B. 2726; amended June 20, 1986, effective June 21, 1986, 16 Pa.B. 2213; renumbered from 25 Pa. Code Chapter 195, 26 Pa.B. 2709; amended September 19, 2003, effective September 20, 2003, 33 Pa.B. 4669, unless otherwise noted. Immediately preceding text appears at serial pages (217159) to (217172).

17 Pa. Code § 51.91 Snowmobile sound level requirements.

(a) It is unlawful to operate a snowmobile that produces a sound intensity exceeding 78 decibels at 50 feet on the A scale as measured in accordance with SAE Recommended Practice J-192a.

(b) Except as provided in subsection (c), it is unlawful to operate a snowmobile unless its exhaust system displays an authentic ‘‘SSCC’’ (Snowmobile Safety Certification Committee) stamp.

(c) If the exhaust system of a snowmobile lacks an authentic ‘‘SSCC’’ stamp, the operator, upon the request of a person having authority to enforce the provisions of this chapter, shall produce alternate proof, acceptable to the Department, that the sound intensity, when measured according to the standards in subsection (a), does not exceed the level in subsection (a). Proof acceptable to the Department includes certification by the SSCC or by a competent independent testing laboratory.

History

Authority: The provisions of this Chapter 51 issued under the Snowmobile and All-Terrain Vehicle Law, 75 Pa.C.S. § 7751, unless otherwise noted.
Source: The provisions of this Chapter 51 adopted November 23, 1973, 3 Pa.B. 2726; amended June 20, 1986, effective June 21, 1986, 16 Pa.B. 2213; renumbered from 25 Pa. Code Chapter 195, 26 Pa.B. 2709; amended September 19, 2003, effective September 20, 2003, 33 Pa.B. 4669, unless otherwise noted. Immediately preceding text appears at serial pages (217159) to (217172).

17 Pa. Code § 51.92 ATV sound level requirements.

It is unlawful to operate an ATV in this Commonwealth that produces a sound level in excess of 99 dbA, or decibels, when measured at 20 inches in accordance with American National Standards Institute/Society of Automotive Engineers Recommended Practice J 1287 (March 1982).

History

Authority: The provisions of this Chapter 51 issued under the Snowmobile and All-Terrain Vehicle Law, 75 Pa.C.S. § 7751, unless otherwise noted.
Source: The provisions of this Chapter 51 adopted November 23, 1973, 3 Pa.B. 2726; amended June 20, 1986, effective June 21, 1986, 16 Pa.B. 2213; renumbered from 25 Pa. Code Chapter 195, 26 Pa.B. 2709; amended September 19, 2003, effective September 20, 2003, 33 Pa.B. 4669, unless otherwise noted. Immediately preceding text appears at serial pages (217159) to (217172).

17 Pa. Code § 51.93 Helmet requirements.

No person may operate a snowmobile or ATV without a securely fastened helmet on the head of each individual who operates or is a passenger on a snowmobile or ATV. The helmet shall meet the standards and specifications as established by the Department of Transportation for protective headgear for motorcycle riders at 67 Pa. Code Chapter 107 (relating to motorcycle helmets).

History

Authority: The provisions of this Chapter 51 issued under the Snowmobile and All-Terrain Vehicle Law, 75 Pa.C.S. § 7751, unless otherwise noted.
Source: The provisions of this Chapter 51 adopted November 23, 1973, 3 Pa.B. 2726; amended June 20, 1986, effective June 21, 1986, 16 Pa.B. 2213; renumbered from 25 Pa. Code Chapter 195, 26 Pa.B. 2709; amended September 19, 2003, effective September 20, 2003, 33 Pa.B. 4669, unless otherwise noted. Immediately preceding text appears at serial pages (217159) to (217172).

Chapter 53 Snowmobile and All-Terrain Vehicle Grants

17 Pa. Code § 53.1 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: ATV—An all-terrain vehicle as defined in section 7706(e) of the Vehicle Code (relating to restricted accounts). ATV Management Restricted Account—A restricted revenue account for funds that may only be used for ATV related activities, or activities related to joint-use trails, as required under section 7706(a)(2) of the Vehicle Code. Acquisition—The purchase or lease of land or buildings for snowmobile or ATV activities, or both. Development—Construction, alteration or renovation required for and compatible with the physical improvement of land. Joint-use trail—A trail that may be used by snowmobiles and ATVs. Land—Real property, including improvements thereon, rights-of-way, water, riparian and other rights, easements, privileges and any other physical property or rights of interest of any kind or description relating to or connected with real property. Maintenance—Recurring upkeep needed on a regular basis on snowmobile, ATV or joint-use trails, trail related facilities and equipment. Municipality—A county, city, borough, incorporated town, township or an official agency created by the foregoing units of government under the laws of the Commonwealth. Nonprofit organization—An organization that is exempt from income tax under section 501 of the Internal Revenue Code (26 U.S.C.A. § 501). Project—A proposal to acquire or develop land, research the feasibility of acquiring or developing land, prepare or perform right-of-way lease agreements, purchase or lease equipment, or conduct educational or training programs relating to snowmobile or ATV activities, or both. Rehabilitation—The improvement or restoration, excluding routine maintenance, of existing snowmobile, ATV or joint-use trails. Snowmobile—The term as defined in section 7702 of the Vehicle Code (relating to definitions). Snowmobile Management Restricted Account—A restricted revenue account for funds that may only be used for snowmobile related activities, or activities related to joint-use trails, as required under section 7706(a)(2) of the Vehicle Code. Vehicle Code—75 Pa.C.S. § § 101—9701.

History

Authority: The provisions of this Chapter 53 issued under the Snowmobile and All-Terrain Vehicle Law, 75 Pa.C.S. § § 7704 and 7706(b.1); and section 313 of the Conservation and Natural Resources Act (71 P.S. § 1340.313), unless otherwise noted.
Source: The provisions of this Chapter 53 adopted September 4, 2020, effective September 5, 2020, 50 Pa.B. 4511, unless otherwise noted.

17 Pa. Code § 53.2 Authority.

This chapter is adopted under section 7706(b.1) of the Vehicle Code (relating to restricted accounts) and applies to municipalities, for-profit organizations and nonprofit organizations seeking grants under this chapter.

History

Authority: The provisions of this Chapter 53 issued under the Snowmobile and All-Terrain Vehicle Law, 75 Pa.C.S. § § 7704 and 7706(b.1); and section 313 of the Conservation and Natural Resources Act (71 P.S. § 1340.313), unless otherwise noted.
Source: The provisions of this Chapter 53 adopted September 4, 2020, effective September 5, 2020, 50 Pa.B. 4511, unless otherwise noted.

17 Pa. Code § 53.3 Application procedure.

(a) Grant applicants may apply for grants under this chapter by submitting an application through the Department’s online grant portal on the Department’s web site.

(b) By completing, signing and submitting a grant application to the Department, the grant applicant will be deemed to have certified to the Department that it shall be legally bound by the terms, conditions and provisions of the grant.

(c) There will be two grant rounds annually during which the Department will accept grant applications. The first grant round will open on the first business day in February and close on the last business day in March. The second grant round will open on the first business day in August and close on the last business day in September.

History

Authority: The provisions of this Chapter 53 issued under the Snowmobile and All-Terrain Vehicle Law, 75 Pa.C.S. § § 7704 and 7706(b.1); and section 313 of the Conservation and Natural Resources Act (71 P.S. § 1340.313), unless otherwise noted.
Source: The provisions of this Chapter 53 adopted September 4, 2020, effective September 5, 2020, 50 Pa.B. 4511, unless otherwise noted.

17 Pa. Code § 53.4 Grant selection process and criteria.

(a) Following the closing date of each grant round, the Department will consider properly filed applications for approval and award.

(b) If the Department determines that an application is incomplete and that additional information is necessary, the grant applicant shall provide that additional information to allow for further consideration of the application.

(1) The anticipated benefits of the project.

(2) The local and regional impact of the project.

(3) The estimated cost of the project.

(4) The availability of matching funds for the project.

(5) Cost sharing by the grant applicant and other entities.

(6) The results of similar types of projects that have already been completed.

(7) The results of previous projects completed by the grant applicant.

(8) The Department’s priorities for motorized recreational trails.

(d) The Department will complete its review and approval of properly filed applications prior to the opening of the following grant round.

History

Authority: The provisions of this Chapter 53 issued under the Snowmobile and All-Terrain Vehicle Law, 75 Pa.C.S. § § 7704 and 7706(b.1); and section 313 of the Conservation and Natural Resources Act (71 P.S. § 1340.313), unless otherwise noted.
Source: The provisions of this Chapter 53 adopted September 4, 2020, effective September 5, 2020, 50 Pa.B. 4511, unless otherwise noted.

17 Pa. Code § 53.5 Funding levels.

Grants under this chapter may cover part or all of the cost of an eligible project.

History

Authority: The provisions of this Chapter 53 issued under the Snowmobile and All-Terrain Vehicle Law, 75 Pa.C.S. § § 7704 and 7706(b.1); and section 313 of the Conservation and Natural Resources Act (71 P.S. § 1340.313), unless otherwise noted.
Source: The provisions of this Chapter 53 adopted September 4, 2020, effective September 5, 2020, 50 Pa.B. 4511, unless otherwise noted.

Subpart F Financial and Technical Assistance

Chapter 61 Land and Water Conservation Fund—Statement of Policy

17 Pa. Code § 61.1 Policy objectives.

(a) The Open Project Selection Process (OPSP) has been designed in accordance with National Parks Service (NPS) requirements in Chapter 660.4 of the Land and Water Conservation Fund (LWCF) Grants Manual, available from the NPS.

(b) The goals of the OPSP are as follows:

(1) To provide for public knowledge of, and participation in, the formulation and application of the project selection process utilized by the Commonwealth and the Department in allocating LWCF funds to the Commonwealth’s local governments.

(2) To ensure that potential local applicants are aware of the availability of, and the process for, obtaining LWCF grant funds, and provide opportunities for eligible agencies to submit project applications and have them considered on an equitable basis.

(3) To provide a measurable link, through published selection criteria, to the specific outdoor recreation needs and priorities identified in the Statewide Recreation Plan and the Annual Action Plan programs associated with the Statewide Recreation Plan.

(4) To assure that the distribution of LWCF assistance is accomplished in a nondiscriminatory manner, especially with regard to minority populations, the elderly and handicapped, and to ensure a fair and equitable evaluation of requests for LWCF fund assistance.

History

Source: The provisions of this Chapter 61 adopted October 28, 1988, effective October 29, 1988, 18 Pa.B. 4871; renumbered from 16 Pa. Code Chapter 5, Subchapter E, June 7, 1996, effective June 8, 1996, 26 Pa.B. 2707, unless otherwise noted. Immediately preceding text appears at serial pages (129586) to (129598).

17 Pa. Code § 61.2 Division of LWCF apportionment among State agencies.

(a) The initial step in the open project selection process begins with the allocation of the Commonwealth’s annual Land and Water Conservation Fund (LWCF) Program apportionment among the following State agencies responsible for administering the program funds:

(1) The Department.

(2) The Fish and Boat Commission.

(3) The Game Commission.

(4) The Historical and Museum Commission.

(b) When the amount of the apportionment is made known by the Department of Interior, the staff of the agencies listed in subsection (a) negotiate a split of the funds that is presented to the State Liaison Officer—the Secretary of the Department—for recommendation to the Governor in the form of a Certificate of Approval for Allocation of Federal LWCF funds. Concurrent with this negotiation and recommendation process is the release of the official Certificate of Apportionment to the Governor by the Department of Interior. The signing of the Certificate of Approval by the Governor finalizes the split of the funds between the State agencies and establishes their allocations for the year.

History

Source: The provisions of this Chapter 61 adopted October 28, 1988, effective October 29, 1988, 18 Pa.B. 4871; renumbered from 16 Pa. Code Chapter 5, Subchapter E, June 7, 1996, effective June 8, 1996, 26 Pa.B. 2707, unless otherwise noted. Immediately preceding text appears at serial pages (129586) to (129598).

17 Pa. Code § 61.3 Department allocation—funding plan/conditions.

(a) Funding plan.

(1) When the Department’s overall Land and Water Conservation Fund (LWCF) allocation is established, a budget is developed for both the regional and central offices. A central office reservation of up to 20% is taken off the top for State or Department initiatives related to the Statewide Recreation Plan and for the Department’s administrative costs. The remaining funds are divided on a 75/25 ratio between the regional and central offices. The portion each regional office receives of the 75% is determined by a formula based upon the following:

(i) Fifty-two percent based on each region’s percentage of the State’s total population.

(ii) Forty-eight percent equally budgeted to each of the Department regional offices.

(2) LWCF funds secured by the Department through the reapportionment account process may, at the discretion of the Department, be incorporated into the annual allocation and budget of the funding plan if the Department determines the amount of the reapportionment funds and the timing of their receipt to be appropriate for that action.

(b) Funding conditions.

(1) Annual allocation amounts will be targeted to fund the following categories of projects:

(i) A minimum of 50% of the annual allocation will be used to fund development/rehabilitation projects.

(ii) A maximum of 50% of the annual allocation may be used to fund acquisition projects.

(2) The Department reserves the right to retain the funds in the central office and use them for one Statewide competition for funding if, as determined by the Department, the amount of funding received from NPS is insufficient to warrant regional allocations.

(3) The Department reserves the right to set minimum and maximum grant amounts.

(4) The Department reserves the right to negotiate with applicants for a reduction of their requested grant amount, if the reduction will facilitate the selection of their project or other applicants’ projects for funding consideration.

This section cited in 17 Pa. Code § 61.5 (relating to regional office review, rating and ranking of funding requests); 17 Pa. Code § 61.6 (relating to regional office selection of candidates for funding); 17 Pa. Code § 61.7 (relating to central office selection of candidates for funding); 17 Pa. Code § 61.8 (relating to substitute selections); and 17 Pa. Code § 61.10 (relating to special conditions).

History

Source: The provisions of this Chapter 61 adopted October 28, 1988, effective October 29, 1988, 18 Pa.B. 4871; renumbered from 16 Pa. Code Chapter 5, Subchapter E, June 7, 1996, effective June 8, 1996, 26 Pa.B. 2707, unless otherwise noted. Immediately preceding text appears at serial pages (129586) to (129598).

17 Pa. Code § 61.4 Program announcement/open application period.

Local government requests for Land and Water Conservation Fund Program funds are solicited during an open application period that is annually announced by the Department. The announcement is published in the Pennsylvania Bulletin and includes an explanation of the program, instructions for applying, and the deadline for submitting applications. The Department reserves the right to waive announcement of an open application period when its annual allocation is less than $1 million. Refer to § 61.10 (relating to special conditions).

This section cited in 17 Pa. Code § 61.10 (relating to special conditions).

History

Source: The provisions of this Chapter 61 adopted October 28, 1988, effective October 29, 1988, 18 Pa.B. 4871; renumbered from 16 Pa. Code Chapter 5, Subchapter E, June 7, 1996, effective June 8, 1996, 26 Pa.B. 2707, unless otherwise noted. Immediately preceding text appears at serial pages (129586) to (129598).

17 Pa. Code § 61.5 Regional office review, rating and ranking of funding requests.

(a) Local government requests for grant funding received during the established open application period are preliminarily reviewed in the regional offices for completeness and eligibility. The Department may grant a grace period for applicants to complete funding requests that are found to be incomplete. Ineligible and late requests are disqualified for selection consideration and returned to the applicants.

(b) Eligible requests are then initially rated in the regional offices based on the rating criteria and point system set forth in § § 61.21—61.28. The regional office ratings are checked by central office staff for accuracy and to ensure consistency and uniformity of the ratings on a Statewide basis. The initial ratings of the regional offices are subject to adjustment to ensure this Statewide consistency and uniformity. Final ratings and total point scores are tabulated and ranked from high point score to low point score for each of the two categories of projects—development/rehabilitation and acquisition—identified in the funding conditions set forth in § 61.3(b)(1) (relating to Department allocation—funding plan conditions).

This section cited in 17 Pa. Code § 61.10 (relating to special conditions).

History

Source: The provisions of this Chapter 61 adopted October 28, 1988, effective October 29, 1988, 18 Pa.B. 4871; renumbered from 16 Pa. Code Chapter 5, Subchapter E, June 7, 1996, effective June 8, 1996, 26 Pa.B. 2707, unless otherwise noted. Immediately preceding text appears at serial pages (129586) to (129598).

17 Pa. Code § 61.6 Regional office selection of candidates for funding.

(a) Regional offices select candidates for funding from their final ranking tabulation, selecting those projects with the highest point score in each category of project—development/rehabilitation and acquisition. The number of projects selected as candidates for funding will depend on the budget amount established for each region in accordance with the funding plan set forth in § 61.3(a) (relating to Department allocation—funding plan/conditions), and the amount established for each category of projects in accordance with the funding conditions in § 61.3(b)(1). No project with a total rating score below 25 points will be selected in the regional office.

(b) Funding requests not selected by the regional offices, including those with a point score below 25, will be forwarded to the central office to again compete for selection on a Statewide basis from the 25% central office budget reservation. Ties that result in the need to make a decision between two or more projects for funding selection in the regional office will also be forwarded to the central office for determination of which requests will be selected as a candidate for funding.

This section cited in 17 Pa. Code § 61.10 (relating to special conditions).

History

Source: The provisions of this Chapter 61 adopted October 28, 1988, effective October 29, 1988, 18 Pa.B. 4871; renumbered from 16 Pa. Code Chapter 5, Subchapter E, June 7, 1996, effective June 8, 1996, 26 Pa.B. 2707, unless otherwise noted. Immediately preceding text appears at serial pages (129586) to (129598).

17 Pa. Code § 61.7 Central office selection of candidates for funding.

Using the final rankings and point score tabulations compiled by the regional offices, the central office makes selections of candidates for funding from the requests that were not selected in the regional offices. The selections are made on a Statewide competitive basis with the highest ranked requests being selected in the two categories of project types—development/rehabilitation and acquisition. The number of central office selections is dependent upon the amount of the central office budget established in accordance with the Funding Plan and the budget amount for each category of projects as outlined in § 61.3 (relating to Department allocation—funding plan/conditions).

This section cited in 17 Pa. Code § 61.10 (relating to special conditions).

History

Source: The provisions of this Chapter 61 adopted October 28, 1988, effective October 29, 1988, 18 Pa.B. 4871; renumbered from 16 Pa. Code Chapter 5, Subchapter E, June 7, 1996, effective June 8, 1996, 26 Pa.B. 2707, unless otherwise noted. Immediately preceding text appears at serial pages (129586) to (129598).

17 Pa. Code § 61.8 Substitute selections.

(a) The central office may also select projects as substitute candidates for funding to take the place of selected candidates that elect to drop their funding reservation before final grant approval is received from the National Park Service (NPS), or are unable to comply with the NPS and Department application requirements and procedures to obtain final NPS grant approval in a timely manner. Substitute candidates may be selected for funding consideration from grant funds made available to the Department through the reapportionment account process, if the reapportionment funds are not incorporated into the annual allocation and budget of the funding plan. Refer to § 61.3(a)(2) (relating to Department allocation—funding plan/conditions).

(b) The projects selected as substitute candidates will be the highest ranked requests of the ones remaining after the regional and central office selections have been made. The number of substitute candidates is not fixed, but will vary from year to year depending on the allocation received and the number of requests selected as candidates for funding.

This section cited in 17 Pa. Code § 61.10 (relating to special conditions).

History

Source: The provisions of this Chapter 61 adopted October 28, 1988, effective October 29, 1988, 18 Pa.B. 4871; renumbered from 16 Pa. Code Chapter 5, Subchapter E, June 7, 1996, effective June 8, 1996, 26 Pa.B. 2707, unless otherwise noted. Immediately preceding text appears at serial pages (129586) to (129598).

17 Pa. Code § 61.9 Notification of OPSP selection decisions.

An applicant will be notified in writing of the Department’s final Open Project Selection Process decisions. Selected and substitute candidates are notified of the grant funds reserved for their projects, and are provided instructions to proceed to the next step in the application process for obtaining final approval of the grant funds from the National Park Service.

This section cited in 17 Pa. Code § 61.10 (relating to special conditions).

History

Source: The provisions of this Chapter 61 adopted October 28, 1988, effective October 29, 1988, 18 Pa.B. 4871; renumbered from 16 Pa. Code Chapter 5, Subchapter E, June 7, 1996, effective June 8, 1996, 26 Pa.B. 2707, unless otherwise noted. Immediately preceding text appears at serial pages (129586) to (129598).

17 Pa. Code § 61.10 Special conditions.

(a) Amendments. Amendments to approved grant projects for time extensions, minor scope or grant fund revisions, and the recouping of administrative reimbursement are not subject to the Open Project Selection Process (OPSP) review system. In those cases involving a major scope or grant fund revision, or both, the amendment proposal will be evaluated by the central office in accordance with the rating criteria to establish a new rating score. The central office will be responsible for making a determination of whether an amendment is minor or major in nature.

(1) An amendment not involving a major grant fund increase will be submitted to the National Park Service for approval, if the new rating score is equal to or greater than the rating score of the lowest ranked project funded in the same category—development/rehabilitation or acquisition—for the OPSP period of the original evaluation and funding.

(2) An amendment involving a major grant fund increase will be considered in one of the following manners:

(i) If funds are available for the requested increase, the amendment will be submitted to NPS for approval if the new rating score is equal to or greater than the rating score of the lowest ranked project funded in the same category—development/rehabilitation or acquisition—for the most recent OPSP period.

(ii) If funds are not available for the requested increase, the proposal will be held for rating and ranking under the next OPSP period.

(b) Staged projects. A project may be accomplished in stages. Because the funding and approval of subsequent stages is not assured, each stage of the project shall be self-sustaining and without reliance on future stages. Since each stage is considered a separate identifiable project, each stage shall compete for funding through the OPSP being conducted at the time funding assistance is being sought.

(c) Waiver of regional office involvement in the selection process. If the Department elects to retain all funds in the central office for a Statewide competition, § 61.6 (relating to regional office selection of candidates for funding) is waived and the central office will make the selection of candidates for funding under § 61.7 (relating to central office selection of candidates for funding). Refer to § 61.3(b)(2) (relating to Department allocation—funding plan/conditions).

(d) Waiver of program announcement/open application period. If the Department’s annual allocation is less than $1 million, the Department reserves the right to waive announcement of the open application period under § 61.4 (relating to program announcement/open application period) and to administer the funds in a more cost beneficial and economically efficient manner. If this waiver right is exercised, § § 61.3 and 61.5—61.9 are also waived. Under this waiver option, the Department’s allocation may be used, at the Department’s sole discretion, to fund one or more categories of projects including, but not limited to:

(1) Selected substitute projects from an OPSP or similar process administered by the Department for other recreation grant programs.

(2) Selected substitute projects from an OPSP administered by the Department for a prior allocation of Land and Water Conservation Fund (LWCF) Program funds.

(3) Amendments for increases to LWCF grant amounts for projects approved from an OPSP administered by the Department for a prior allocation of LWCF Program funds.

(4) Projects that address emergency situations or unique opportunities, or both, are innovative in nature, or help meet special Departmental/Commonwealth priorities subject to the following conditions:

(i) LWCF Program funds for this category do not exceed 20% of the Department’s allocation.

(ii) The projects being funded receive a ranking score of at least 20 total points, excluding the socio-economic criterion in § 61.25 (relating to socio-economic criterion).

(5) Special projects, initiatives or studies related to the implementation of the Statewide Comprehensive Outdoor Recreation Plan.

(6) Department administrative costs related to the LWCF Program.

(7) A combination of the categories of projects in paragraphs (1)—(6).

This section cited in 17 Pa. Code § 61.4 (relating to program announcement/open application period).

History

Source: The provisions of this Chapter 61 adopted October 28, 1988, effective October 29, 1988, 18 Pa.B. 4871; renumbered from 16 Pa. Code Chapter 5, Subchapter E, June 7, 1996, effective June 8, 1996, 26 Pa.B. 2707, unless otherwise noted. Immediately preceding text appears at serial pages (129586) to (129598).

17 Pa. Code § 61.21 General recreation needs.

(a) Points: 0, 1, 3, 5, 7, 9.

(b) The funding request will be evaluated on how it meets the general recreation needs of a neighborhood, community or region. Factors that will be analyzed include:

(1) Consistency of the proposed project with priorities identified in local, regional, State or Federal published plans or feasibility studies, or both.

(2) Statistics documenting the need for the proposed project based on surveys, petitions, public hearings, State or national standards and the like.

(3) Number, size, condition and location of existing park and recreation areas and facilities with the service area of the proposed project, and how the proposed project will complement, supplement or duplicate the existing areas and facilities.

(4) Impact of project on addressing the recreation needs of age groups not adequately being served.

(5) Emphasis on projects that maximize utilization of existing park and recreation areas and facilities.

(6) Accessibility and proximity of proposed project to densely populated or rapid growth area of the neighborhood, community or region.

This section cited in 17 Pa. Code § 61.5 (relating to regional office review, rating and ranking of funding requests).

History

Source: The provisions of this Chapter 61 adopted October 28, 1988, effective October 29, 1988, 18 Pa.B. 4871; renumbered from 16 Pa. Code Chapter 5, Subchapter E, June 7, 1996, effective June 8, 1996, 26 Pa.B. 2707, unless otherwise noted. Immediately preceding text appears at serial pages (129586) to (129598).

17 Pa. Code § 61.22 Special recreation needs.

(a) Points: 0, 1, 3, 5, 7.

(b) The funding request will be evaluated on how it meets special recreation needs of a neighborhood, community or region. The primary factor to be analyzed will be how the project meets the recreation needs of special population groups, such as minority, low income, elderly and handicapped/disabled.

(1) How the project will help to alleviate existing liability, safety and health hazards.

(2) Projects which demonstrate or introduce an innovative concept, technique, approach or method.

(3) Projects that will enhance river-based recreation opportunities by providing direct public access to rivers through the acquisition, rehabilitation or development of areas and facilities for active and passive recreation use along the Commonwealth’s major water arteries.

(4) Projects that will support or enhance local efforts or initiatives to preserve wetland areas.

This section cited in 17 Pa. Code § 61.5 (relating to regional office review, rating and ranking of funding requests).

History

Source: The provisions of this Chapter 61 adopted October 28, 1988, effective October 29, 1988, 18 Pa.B. 4871; renumbered from 16 Pa. Code Chapter 5, Subchapter E, June 7, 1996, effective June 8, 1996, 26 Pa.B. 2707, unless otherwise noted. Immediately preceding text appears at serial pages (129586) to (129598).

17 Pa. Code § 61.23 Community conservation.

(a) Points: 0, 1, 4, 7.

(b) The funding request will be evaluated on how it will contribute to the community conservation efforts within a neighborhood, community or region. Greater value will be placed on those projects that protect unique natural areas or support or complement facilities and sites of significant historical, heritage or cultural value at the local, State or Federal level. Factors that will be analyzed include:

(1) How the project will preserve or protect environmentally sensitive areas of special interest, such as wetlands, floodplains, greenways, natural landmarks and the like, and areas that support endangered species of plant or animal life.

(2) How the project will support or complement facilities and sites of significant historical value. Actual restoration or preservation of historic structures is not eligible for Land and Water Conservation Fund (LWCF) funding, but outdoor recreation and support facilities may be located on historic sites or in conjunction with historic structures.

(3) How the project will help to promote the concept of heritage parks by supporting or complementing the overall efforts of a community to preserve the unique heritage, character and features of the community, and to establish a sense of community pride, image and awareness through interpretation, education and promotion of the unique heritage aspect.

(4) How the project will promote or enhance the cultural environment of a neighborhood, community or region by providing general public recreation areas or facilities that will also create special recreation opportunities or pursuits for ethnic groups.

(5) How the project will promote or enhance the cultural environment of a neighborhood, community or region by providing general public recreation areas or facilities that will also provide special recreation opportunities for participation in the arts. Areas and facilities designed primarily for semi-professional or professional arts are not eligible for LWCF funding.

(6) What impact the project will have on improving the quality of life within a neighborhood, community or region.

This section cited in 17 Pa. Code § 61.5 (relating to regional office review, rating and ranking of funding requests).

History

Source: The provisions of this Chapter 61 adopted October 28, 1988, effective October 29, 1988, 18 Pa.B. 4871; renumbered from 16 Pa. Code Chapter 5, Subchapter E, June 7, 1996, effective June 8, 1996, 26 Pa.B. 2707, unless otherwise noted. Immediately preceding text appears at serial pages (129586) to (129598).

17 Pa. Code § 61.24 Community economic revitalization.

(a) Points: 0, 1, 4, 7.

(b) The funding request will be evaluated on how it contributes to the enhancement or stimulation of comprehensive economic revitalization efforts of a neighborhood, community or region. Factors to be analyzed will include:

(1) Number of employment opportunities, both temporary and permanent, that will be created by the proposed project.

(2) Potential for the generation of revenue producing facilities by the proposed project.

(3) Enhancement of tourism opportunities created by the proposed project.

(4) Enhancement or creation of public/private partnerships through the proposed project.

(5) Impact of the proposed project on central business district and downtown revitalization efforts.

(6) Coordination of proposed project with other State or Federally funded plans or projects for economic revitalization—for example, the Department’s Enterprise Zone Program, Main Street Program and the like.

(7) Impact the project will have on small business activity of either the local area or the Commonwealth.

(8) Impact the project will have on enhancing the livability of a community or region to retain and attract business and industry.

This section cited in 17 Pa. Code § 61.5 (relating to regional office review, rating and ranking of funding requests).

History

Source: The provisions of this Chapter 61 adopted October 28, 1988, effective October 29, 1988, 18 Pa.B. 4871; renumbered from 16 Pa. Code Chapter 5, Subchapter E, June 7, 1996, effective June 8, 1996, 26 Pa.B. 2707, unless otherwise noted. Immediately preceding text appears at serial pages (129586) to (129598).

17 Pa. Code § 61.25 Socio-economic criterion.

(a) Points: 1, 3, 5.

(b) The per capita income and population density of the applicant will be determined by the Department on the basis of published Statewide statistics. An applicant having a lower per capita income and higher population density will receive a higher rating. A high (5 points), medium (3 points) or low (1 point) rating will be assigned to each applicant’s combined total per capita income and population density relative to other eligible applicants.

This section cited in 17 Pa. Code § 61.5 (relating to regional office review, rating and ranking of funding requests); and 17 Pa. Code § 61.10 (relating to special conditions).

History

Source: The provisions of this Chapter 61 adopted October 28, 1988, effective October 29, 1988, 18 Pa.B. 4871; renumbered from 16 Pa. Code Chapter 5, Subchapter E, June 7, 1996, effective June 8, 1996, 26 Pa.B. 2707, unless otherwise noted. Immediately preceding text appears at serial pages (129586) to (129598).

17 Pa. Code § 61.26 Administrative capability.

(a) Points: 0, 1, 3, 5.

(b) The capability of an applicant to efficiently complete a project and then to adequately maintain and program its park and recreation system will be analyzed on a below average (1 point), average (3 points) or above average (5 points) basis. Factors which will be considered in this analysis are:

(1) The quality of maintenance of the applicant’s park system.

(2) The quality and quantity of programming.

(3) The overall administration of park and recreation services, including organization, financing and staffing.

(4) Past administrative performance on previously funded projects using Federal or State assistance.

(c) The Department reserves the right to assign a ranking of 0 points in this criterion, or eliminate the applicant from funding consideration altogether, based on the following factors:

(1) An applicant’s poor administrative performance on current grant projects.

(2) Unresolved post-completion site inspection problems.

(3) Poor maintenance of previously-funded facilities and areas.

(4) Unresolved conversions or use problems related to previously-funded recreation and park facilities and areas.

(d) If the applicant is to be eliminated from funding consideration based upon the factors in subsection (c), a notification of the potential for elimination shall have been recorded with the applicant in writing by the Department prior to the program announcement/open application period. Once a decision is made not to fund an applicant in a given year or funding cycle, the Department will reconsider the applicant’s eligibility for funding in the next funding cycle, if the applicant in question documents and demonstrates an organized, concerted effort to correct the problems which led to the denial of funding.

This section cited in 17 Pa. Code § 61.5 (relating to regional office review, rating and ranking of funding requests).

History

Source: The provisions of this Chapter 61 adopted October 28, 1988, effective October 29, 1988, 18 Pa.B. 4871; renumbered from 16 Pa. Code Chapter 5, Subchapter E, June 7, 1996, effective June 8, 1996, 26 Pa.B. 2707, unless otherwise noted. Immediately preceding text appears at serial pages (129586) to (129598).

17 Pa. Code § 61.27 Intergovernmental cooperation.

(a) Points: 0, 1, 2, 3.

(b) A funding request which involves a formally documented intergovernmental cooperative effort to provide park and recreation facilities and programs will receive 1 to 3 points, depending on the level of the cooperative effort involved. Documentation verifying the cooperation will include the identification of the participating municipalities or school districts, or both; copies of written cooperative agreements executed between the participating municipalities/school districts; and evidence confirming commitments of money to the effort by the participating municipalities/school districts, including financial support for ongoing operation, maintenance, programming and administration. A funding request involving no intergovernmental cooperation will receive 0 points.

This section cited in 17 Pa. Code § 61.5 (relating to regional office review, rating and ranking of funding requests).

History

Source: The provisions of this Chapter 61 adopted October 28, 1988, effective October 29, 1988, 18 Pa.B. 4871; renumbered from 16 Pa. Code Chapter 5, Subchapter E, June 7, 1996, effective June 8, 1996, 26 Pa.B. 2707, unless otherwise noted. Immediately preceding text appears at serial pages (129586) to (129598).

17 Pa. Code § 61.28 Private support to project.

(a) Points: 0, 1, 2, 3.

(b) A funding request which includes a firm written commitment of private financial support to the project will receive 1 to 3 points depending on the level of the commitment in accordance with the following parameters:

(1) If the private commitment is at least 1%, but less than 6% of the total project cost = 1 point.

(2) If the private commitment is at least 6%, but less than 11% of the total project cost = 2 points.

(3) If the private commitment is 11% or greater of the total project cost = 3 points.

This section cited in 17 Pa. Code § 61.5 (relating to regional office review, rating and ranking of funding requests).

History

Source: The provisions of this Chapter 61 adopted October 28, 1988, effective October 29, 1988, 18 Pa.B. 4871; renumbered from 16 Pa. Code Chapter 5, Subchapter E, June 7, 1996, effective June 8, 1996, 26 Pa.B. 2707, unless otherwise noted. Immediately preceding text appears at serial pages (129586) to (129598).

17 Pa. Code § 61.29 Zero rating.

If information and documentation provided for a criterion is determined to be nonapplicable, incorrect or inadequate, a zero rating may be assigned to that criterion.

History

Source: The provisions of this Chapter 61 adopted October 28, 1988, effective October 29, 1988, 18 Pa.B. 4871; renumbered from 16 Pa. Code Chapter 5, Subchapter E, June 7, 1996, effective June 8, 1996, 26 Pa.B. 2707, unless otherwise noted. Immediately preceding text appears at serial pages (129586) to (129598).